Ajay Pradhan vs State of Jharkhand

Dhrub Narayan Upadhyay, J.—Heard the learned counsel for the petitioner and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioner in connection with PCR case No. 187 of 2012 for the offence registered u/s 420/406/409/323/427/379/34 of the Indian Penal Code and Section 27 of the Arms Act.

It reveals that Shankar Paswan, accused No. 1 in the complaint, had taken an amount of Rs. 3,35,000/- from the complainant on the promise that he would repay the said sum within six months. When the complainant started chasing for refund of the amount paid by him, Shankar Paswan along with this petitioner came on a Scorpio vehicle and threatened the complainant. At the relevant time, the petitioner was having a gun in his hand and he opened fire in the air.

It is submitted that petitioner and the complainant were partners and some dispute arose between them which is apparent from correspondences.

Learned counsel for the State has opposed the prayer.

Be that as it may, there is no allegation that the petitioner received any amount from the complainant and the documents placed before me indicate that there was business relation between the petitioner and the complainant. Considering above aspects of the matter, the petitioner above named is directed to appear/surrender before the Court below within a period of three weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dumka, in connection with PCR case No. 187/2012, subject to the conditions laid down u/s 438(2), Cr.P.C.