Chhotu Singh @ Vikash Kumar Singh v. State Of Jharkhand
2018-06-08
KAILASH PRASAD DEO
body2018
DigiLaw.ai
JUDGMENT Kailash Prasad Deo, J. – Heard learned counsel appearing for the petitioner and learned Addl. Public Prosecutor appearing for the State. 2. The petitioner, who is accused for the offence under Sections 323, 341, 386, 387, 504 and 506 of the Indian Penal Code and Section 25(I-b)a, 26 and 35 of the Arms Act, prays for anticipatory bail expressing apprehension of his arrest in connection with Rajpur P.S. Case No. 21 of 2018 (dated 10.04.2018) corresponding to G.R. No. 603 of 2018, pending in the court of learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel for the petitioner has submitted that name of the petitioner has transpired in the confessional statement of co-accused Manoj Kumar Singh. Learned counsel has further submitted that the impugned order mentions about three criminal antecedent of the petitioner which is apparent error of record as petitioner has been acquitted in two cases and one case is pending which is under S.C. & S.T. (Prevention of Atrocities) Act, cannot be considered as criminal antecedent. Learned counsel has further submitted that except confessional statement of coaccused Manoj Kumar Singh there is no material against the petitioner. 4. Learned counsel for the State has opposed the prayer for bail. 5. Be that as it may, since the petitioner has been made accused on the confessional statement of co-accused Manoj Kumar Singh, he is directed to surrender before the court below within three weeks from today, and in the event of his arrest or surrender, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra, in connection with Rajpur P.S. Case No. 21 of 2018 (dated 10.04.2018) corresponding to G.R. No. 603 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C.