Pintu Kumar @ Pramod Kumar @ Promad Kumar vs State of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over. In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bagodar P.S. Case No.166 of 2019 registered under sections 147/148/149/341/323/307/379/353/427 of the Indian Penal Code and under Section 3/4 of Damage to Public Property Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons were member of an unlawful assembly and being armed with deadly weapons attempted to murder the medical officer of Community Health Center, Bagodar and also damaged the dressing room, pharmacy, bed and doors and windows. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready and willing to deposit Rs.40,000/- with Deputy Commissioner, Giridih and also to pay Rs.10,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on showing the proof of deposit of Rs.40,000/- with Deputy Commissioner, Giridih and to deposit a demand draft of Rs.10,000/- as ad interim victim compensation to the informant and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Giridih, in connection with Bagodar P.S. Case No.166 of 2019 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.