MITHUN KUMAR MAHATHA ALIAS MITHUN MAHATHA v. THE STATE OF JHARKHAND
Cr.M.P./521/2025 · 2025-04-11
Ambuj Nath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6723 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6723 (JHR) · dailylaw.ai ]
Judgment text
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2025: JHHC:11259 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 521 of 2025
Mithun Kumar Mahatha @ Mithun Mahatha, aged about 28 years, son of Badal Mahatha, Resident of Village-Khedadih, Bandhgora Basti, P.O-Satanpur, P.S.- Pindrajora, District- Bokaro, Jharkhand ---
--- Petitioner Versus
1. State of Jharkhand
2. Parmeshwar Mahatha, son of late Shyampad Mahatha, R/o village Bandhgora, P.O- Satanpur, PS-Pindrajora, District Bokaro Jharkhand
---
--- Opp. Parties ---
CORAM: Hon’ble Mr. Justice Ambuj Nath
---
For the Petitioner: Mr. Sunil Singh, Advocate
For the O.P-State: Mr. Vineet Kr. Vashistha, Special P.P. --- 02 / 11.04.2025 Petitioner has filed this application for quashing of the order dated 20.01.2025 passed by the learned Sessions Judge, Bokaro in Criminal Misc. Case No. 07 of 2025, whereby and wherein, prayer for extension of time to surrender before the learned court in terms of the order dated 07.10.2024 passed in Anticipatory Bail Petition No. 1098 of 2024 passed by the learned Sessions Judge, Bokaro in connection with C.P. Case No. 944 of 2022 registered for the offences under sections 323, 379, 384, 387, 427/34 of the Indian Penal Code, was rejected
2. It was submitted that vide order dated 07.10.2024 passed in Anticipatory Bail Petition No. 1098 of 2024, petitioner was directed to surrender before the learned court below within 15 days from the date of the order and the learned court below was directed to release him on bail on furnishing bail bonds of Rs. 10,000/-. It was submitted that the petitioner could not surrender before the learned court below within the time stipulated as he was undergoing treatment of his depressive illness and some physical problems in rehabilitation Centre at Govindpur, Dhanbad. In support thereof, certificate issued by the rehabilitation centre namely SAVERA has been annexed as Annexure-4 to this application.
3. Considering the aforesaid facts, the order dated 20.01.2025 passed by the learned Sessions Judge, Bokaro in Criminal Misc. Case No. 07 of 2025 rejecting the application of the petitioner for extension of time, is set aside. Petitioner shall surrender before the learned court below within two weeks from the date of this
order and the learned court below shall release him on bail in the light of the direction given in Anticipatory Bail Petition No. 1098 of 2024.
4. This application is allowed. Pending I.A., if any, also stands disposed of.
(Ambuj Nath, J)
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