Binod Yadav v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 323, 341, 379, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 66. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties…
Judgment
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner For the State : Mr. Rajiv N. Prasad, Advocate : Mr. Shree Prakash Jha, A.P.P. ----- 04/08.05.2024 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Bashishth Nagar (B. Nagar) P.S. Case No.07/2016, registered for the alleged offence under Sections 147, 148, 149, 323, 341, 379, 504 of the Indian Penal Code, pending in the Court of the learned Additional Chief Judicial Magistrate, Chatra.
Learned counsel for the petitioner submits that the petitioner has been false implicated in the case on the basis of confessional statement of the co-accused, however, nothing incriminating articles have been recovered or seized from the possession of the petitioner. He submits that the alleged occurrence is said to be occurred on 19.02.2016, whereas, FIR was registered on 24.02.2016. He further submits that the petitioner is a daily wages worker and he is having no criminal antecedent, as has been disclosed in paragraph 15 of this application.
Learned counsel for the State opposed the prayer on the ground that the allegation of snatching mobile phones are there against the petitioner. -1- A.B.A. No. 1868 of 2024
Considering that the alleged occurrence is said to be occurred on
19.02.2016, whereas, an FIR was registered on 24.02.2016 and the petitioner has got no criminal antecedent and it has been pointed out that the petitioner earns livelihood by way of doing labour work and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.
Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Bashishth Nagar (B. Nagar) P.S. Case No. 07/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Ajay/ (Sanjay Kumar Dwivedi, J.) -2- A.B.A. No. 1868 of 2024
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.