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2025 DAILYLAW 28908 (JHR)

BIRENDER MANDAL v. THE STATE OF JHARKHAND

A.B.A./8200/2018 · 2025-01-30

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8200 of 2018 ------ Birendra Mandal, aged about 42 years, son of Ramdeo Mandal, resident of Gandhi Kutir, P.O., P.S. & Dist.-Jamtara … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Gautam Rakesh, Addl. P.P. ------ Order No.12 Dated- 30.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jamtara P.S. Case No.175 of 2000 (G.R. No. 425 of 2000) registered under sections 364/323/341/34 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons abducted the informant. It is further submitted that the allegations against the petitioner are all false. Drawing attention of this Court to the deposition of the informant in the trial faced by the ten co-accused persons in S.T. Case No. 34 of 2018 recorded by the court of Assistant Sessions Judge, Jamtara, learned counsel for the petitioner submits that in the said case, the informant has become hostile and did not support the case of the prosecution and has deposed that he does know anything about the case and police never recorded any statement and he did not institute any case. It is then submitted that consequent upon such deposition of the informant and taking into consideration the testimony of two other witnesses who have been examined as P.W.2 and 3, the learned Additional Sessions Judge, Jamtara has acquitted the co-accused persons. It is next submitted that because of some misunderstanding, this case has been instituted. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.-cum-Assistant Sessions Judge, Jamtara, in connection with Jamtara P.S. Case No.175 of 2000 (G.R. No. 425 of 2000) with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-