Tamba @ Kudus And Ors vs State of Jharkhand

Heard Mr. Nawal Kishor Pandey, learned counsel for the petitioners and Ms. Anuradha Sahay, 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 Lohsinghna P.S. Case No. 164/2019.

It has been alleged that while the informant was returning to his house on a motorcycle he encountered a crowd and when he tried to get the road

cleared the accused persons came and assaulted the informant with iron rod and stick. It has further been alleged that the accused persons had stolen

his money, a mobile as well as a silver bracelet.

Mr. Nawal Kishor Pandey, learned counsel for the petitioners submits that the present case is a counter blast to Lohsinghna P.S. Case No. 163/2019.

It has been stated while referring to the statement of the independent witness at para 9 of the case diary that it was the informant and others who

were the aggressors.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail made by the petitioners.

It appears from the statement of the independent witness Nandan Sinha that some persons were found in a drunken state who were using abusive

language and when a protest was made by Usuf Mian he was assaulted as a result of which he fell on the drain. He has further stated that there was

a free fight between both the sides and one Shamim @ Chotu tried to intervene in the matter at which point of time the petitioners were being

searched and his vehicle and tempo were also damaged by the said persons. The statement of the independent witness as referred to above,

therefore, would indicate that it was the informant side who were the aggressors for which Lohsinghna P.S. Case No. 163/2019 had already been

instituted.

Regard being had to the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioners. The petitioners are therefore

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 ACJM, Hazaribag

in connection with Lohsinghna P.S. Case No. 164/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Procedure.

This application stands allowed.