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2025 DAILYLAW 28215 (JHR)

MANISHEKHAR KUMAR ALIAS GOLU KUMAR v. THE STATE OF JHARKHAND

A.B.A./7197/2024 · 2025-03-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7197 of 2024 ------ Manishekhar Kumar @ Golu Kumar, aged about 22 years Son of Pramod Singh @ Pramod Kumar Singh Resident of Village- Uraili P.O- Kubba, P.S- Huntergunj, District- Ranchi .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P. ------ Order No.07 Dated-10-03-2025 I.A. No.2938 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing. Since this Anticipatory Bail Application is heard today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.7197 of 2024 Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Huntergunj P.S. Case No.91 of 2024 registered under Section 147, 148, 149, 341, 342, 387, 436, 427, 504, 506 of the Indian Penal Code and Section 17 (i)(ii) of Criminal Amendment Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the member of the T.P.C. Organization indulged in setting fire to the tractor for extorting levy amount. It is next submitted that the allegation against the petitioner is false. It is then submitted that though the petitioner is not named in the FIR yet he has been implicated in this case only on the basis of the confessional statement of the co-accused Priyanshu Kumar. Drawing attention of this Court towards para-13 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that the proclamation under Section 82 of the Code of Criminal Procedure has already been issued and keeping in view the serious nature of allegation against the petitioner of being involved in organized crime of T.P.C. Organization, his custodial interrogation is required during the investigation of the case to find out the detailed activities of the said organization involved in extortion of levy in an organized manner. It is then submitted that the anticipatory bail Application of the co-accused person has already been rejected by this court. Hence, it is submitted that the petitioner ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner of being involved in extortion of levy in organized manner and the requirement of his custodial interrogation during the investigation of the case as well as the fact that the petitioner is not cooperating with the investigation of the case and the proclamation under Section 82 of the Code of Criminal Procedure and the attachment order of the property under Section 83 of the Code of Criminal Procedure have already been issued, this Court is of the considered view that this is not a fit case where the above named petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Saroj/