High CourtsSingle Bench(2019) 12 JH CK 0198

Mahavir Kauntia @ Mahabir Agarwal @ Kamtia @ Mahavir Agarwal @ Kauntia vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 13 December 2019

HON’BLE JUDGES
Shree Chandrashekhar, J
RESULT
Allowed
CASE NUMBER
Anticipatory Bail No. 5037, 5067, 5477, 6544, 6566, Of 2019

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Judgment

24 paragraphs · 449 words

All affidavits filed by the State are taken on record.

An affidavit dated 11.12.2019 has been filed by Mr. Anoop Birtharay, Senior Superintendent of Police, Jamshedpur.

Mr. Ashok Kumar, the learned A.P.P seeks permission to make correction in paragraph no. 5 of this affidavit. He says that in paragraph no.5 of this

affidavit inadvertently it has been typed that the accused, namely, Dhirendra Nath Bhagat @ Dhirendra Nath Bhakat has no criminal antecedents

whereas one more case has been registered against him beside the present one.

Permission is accorded.

In the affidavit dated 11.12.2019, the Senior Superintendent of Police has given details of the steps taken by the police during investigation of Jadugora

P.S. Case No. 61 of 2013 which was registered on 25.09.2013 against 7 named accused persons. It is stated that steps including processes under

section 82/83 Cr.P.C have been initiated against the accused persons and now charge-sheet against 21 persons have been submitted; investigation

against 5 persons namely, Deva @ Devnath Singh, Narayan Majhi, Ravi Bahadur Thapa, Abhimanyu Patro and Balmiki Prasad Mehta is continuing

and soon charge-sheet would be filed if sufficient materials are collected against them for sending them for trial.

The Senior Superintendent of Police, Jamshedpur assures the Court that in compliance of the Notification dated 20.11.2018 Jail ticket/History ticket

retrieved from e-Prison system shall be provided to the learned A.P.Ps and he shall endeavour that necessary informations are provided atleast on the

date of hearing of the bail applications.

Ms. Shalini Kumari, the learned counsel appears for the informant and submits that she has filed Vakalatnama on behalf of the informant.

The accused-petitioners in this batch of anticipatory bail applications have already been sent up for trial and in the affidavits filed by the State there is

no allegation of tampering with the evidence or threatening the witnesses by them.

The investigation in Jadugora P.S Case No. 61 of 2013 corresponding to G.R Case No. 464 of 2013 is nearing its completion and since several other

accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court, provisional bail granted to the all the petitioners

above-named in their respective cases is confirmed.

They shall regularly appear before the court concerned and co-operate with the speedy trial of Jadugora P.S Case No. 61 of 2013. At the same time,

the State is given liberty to move an application for cancellation/recall of this order, if it is found that the petitioner(s) are either threatening the

witnesses or not co-operating during the trial.

A.B.A No. 5037 of 2019, A.B.A No. 5067 of 2019, A.B.A No. 5477 of 2019, A.B.A No. 6544 of 2019 and A.B.A No. 6566 of 2019 are allowed.