Dwarika Ram And Ors vs State Of Jharkhand

Defect No.9 (iii) apparently relates to difference in P.S. name in the cause title of the impugned order and its opening para as well as the F.I.R.

However, learned counsel for the petitioner submits that correct P.S. Case i.e., Ketar P.S. Case No. 46 of 2020 has been referred in the opening

paragraph which matches with the F.I.R., Annexure-1. Inadvertent typographical error in the P.S. name in the cause title of the impugned order may

be ignored.

Upon consideration of the plea, it appears that Garhwa P.S. Case No. 46 of 2020 referred to in the cause title of the impugned order is an inadvertent

typographical error. Therefore, the said defect is ignored. Defect No. 9(i) is also ignored.

Learned counsel for the petitioner undertakes to remove the defect no. 9(ii) within a period of two weeks, which is as under:

9(ii) Village and P.O. name of the petitioner is missing in vakalatnama.

Office to place the file for inspection on requisition being made for removal of defects within the same time.

Heard learned counsel for the petitioner Mr. Manoj Kumar No.2 and Mr. Ravi Prakash, learned Spl.P.P.

Petitioners seek protection of anticipatory bail in terms of Section 438 Cr.P.C. in connection with Ketar P.S. Case No. 46 of 2020 for the offence

registered under Section 188,147,149,323,325, 307, 379,504 of the I.P.C pending in the court of learned Judicial Magistrate 1st Class, Garhwa.

Learned counsel for the petitioner submits that anticipatory bail petition of these two petitioners along with 10 other accused persons was rejected by a

common impugned order dated 16.09.2020 passed by the learned Additional Sessions Judge-VI, Garhwa in A.B.P. No. 637 of 2020. However, a Co-

ordinate Bench of this Court vide order dated 19.01.2021 granted anticipatory bail to the 10 other accused persons in A.B.A. No. 6723 of 2020 taking

note of the fact that the allegations were omnibus and general in nature against all the petitioners and the injury report of Manik Ram, uncle of the

informant shows that he had received simple injury on his scalp. Also the injury on the body of other persons were simple in nature. Therefore,

petitioners may be granted anticipatory bail Learned Spl.P.P. has opposed the prayer.

Upon consideration of the facts and circumstances of the case and the submissions of learned counsel for the parties, it appears that similarly situated

10 other persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in A.B.A. No. 6723 of 2020 taking into account that the

allegations are general and omnibus and that injury report of Manik Ram, uncle of the informant reveals that they were simple in nature. I am inclined

to grant the privilege of anticipatory bail to the petitioners. Accordingly, petitioners, above named, in the event of their surrender or arrest within in a

period of 4 weeks, shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount

each to the satisfaction of learned Judicial Magistrate, 1st Class, Garhwa in connection with Ketar P.S. Case No. 46 of 2020, subject to the conditions

that petitioners will co-operate with the investigation of the case and that they and their bailors will not change their mobile number and address

without prior permission of the learned Trial Court during the pendency of the case along with other conditions as laid down under Section 438(2)

Cr.P.C.