Ajay Kewat And Ors vs State of Jharkhand

Heard Mr. Nilesh Kumar, learned counsel for the petitioners and Mr. Rakesh Ranjan, learned A.P.P. for the State.

Defects as pointed out by the office are ignored. The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Rajrappa P.S. Case No. 156/2019.

It has been alleged that on a raid conducted the motorcycles which were loaded with illegally excavated coal were left at the place of occurrence. In course of seizure of the said vehicles a mob had gathered which started pelting stones at the Police Officials and forcibly removed the motorcycles as well as the coal from the custody of the Police.

The petitioners are named in the First Information Report. However, the allegations are general and omnibus in nature. It appears that the petitioner nos. 3, 4 and 5 have criminal antecedent as they are accused in Rajrappa P.S. Case No. 125/2017. So far as the petitioner nos. 1, 2 and 6 are concerned it has been stated that they do not have any criminal antecedent.

In view of the antecedent of the petitioner nos. 3, 4 and 5, I am not inclined to extend the privilege of anticipatory bail so far as those petitioners are concerned.

However, with regard to the petitioner nos. 1, 2 and 6 are concerned they are directed to surrender before the learned court below within a period of four weeks and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Ramgarh in connection with Rajrappa P.S. Case No. 156/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.