Anil Modak @ Harun Modak @ Haru Modak vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

The petitioner is apprehending his arrest in connection with Mahuda P.S.Case No.29 of 2022, for the offence registered under section 147, 148, 149, 341, 323, 307, 324 of the IPC as well as section 27 of the Arms Act, pending in the court of learned A.C.J.M., Dhanbad.

Learned counsel for the petitioner submits that the occurrence is of 31.03.2022 and for that another case is also registered being Mahuda P.S.Case No.27 of 2022. So far as Mahuda P.S.Case No.27 of 2022 is concerned, the petitioner has also granted privilege of anticipatory bail in A.B.A. No.9651 of 2023 by the coordinate Bench.

The said prayer of the petitioner is being opposed by the learned counsel for the respondent State on the ground that there is allegation of scuffle between the parties and in view of that, the petitioner does not deserve the privilege of anticipatory bail.

Looking into the order and the allegations of Mahuda P.S. Case No.27 of 2022 as well as of the present case, it appears that the occurrence is of 31.3.2022 and scuffle took place on some land dispute between the parties and in one of the case the petitioner has already provided privilege of anticipatory bail in A.B.A. No.9651 of 2023.

In view of the attending facts, I am inclined to grant privilege of anticipatory bail to the petitioner and, accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Dhanbad, in connection with Mahuda P.S.Case No.29 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.