IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 8964 of 2022

Ram Chandra Sah @ Ram Sah @ Ram Chandra

…… Petitioner

Versus

The State of Jharkhand

……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. R.S. Mazumdar, Advocate

For the State

: Mr. Sudhir Mahto, A.P.P.

For the Informant : Mr. Pratiush Lala, Advocate

Mr. Deepak Sahu, Advocate

…..

Order No.04/ Dated:01.02.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Borio P.S. Case No. 147 of

2022 instituted under Sections 341/ 307/ 34 of the Indian Penal Code and

under Section 27 of Arms Act, the petitioner has moved to this Court for

grant of privilege of anticipatory bail.

Learned counsel for the petitioner has submitted that petitioner is

innocent and has committed no offence at all rather he has been falsely

implicated in this case only on the basis of suspicion on the confessional

statement of the alleged co-accused who has given explicatory statement

implicating the petitioner alleging that he has managed professional

shooter for causing the murder of the deceased. Apart from above material

there is no linkage at all to connect the present petitioner with the said

offence of attempt to murder. Admittedly, there was some scuffle with the

injured regarding contract works done by the petitioner under MNREGA

scheme. Petitioner has no criminal antecedent. It is lastly submitted that

the petitioner undertakes to co-operate with the investigation of the case

and also abide by all terms and conditions which may be imposed in the

matter of granting anticipatory bail to the petitioner. Hence, the petitioner

may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State assisted with learned counsel

for the informant vehemently opposes the prayer for anticipatory bail of

the petitioner and submitted that it is a case of attempt to murder of

Amarnath Sah, who was frequently raising objection against the

irregularity in the MNREGA work conducted by the present petitioner.

Prior to the date of occurrence in the month of January, 2022 the mother

of the injured has lodged the informatory application (Annexure A).

Petitioner and other contractors were apprehending her son to kill and also

assaulted her. It is further submitted that on the date of occurrence, injured

along with this friends Ashish Murmu were presiding towards Sahebganj

by motorcycle bearing registration no. JH 17G 6825 at about 2.30 p.m.

near Deo Pahar Village, 2 person riding on TVS apache motorcycle

starting firing causing fire arm injuries to him and his friend Amarnath

Sah. The other co-accused, who works as contractors under MNREGA

scheme Kuldeep Sah @ Mithun Sah has also confessed his guilt and

showing his involvement along with the present petitioner who had

arranged a shooter, with intention to kill the victim. Bullet injury has been

found on the body of both the victims. There is requirement of the

custodial interrogation of the present petitioner for revealing the name of

actual assailants and others. Hence, the petitioner does not deserve

anticipatory bail.

Considering the facts and circumstances of this case, gravity of offence

and initial stage of investigation as well as requirement of the petitioner

for custodial interrogation, I am not inclined to grant privilege of

anticipatory bail to the petitioner, which stands rejected.

Petitioner is directed to surrender before the court below and pray for

regular bail, the learned court below shall consider the same on its own

merits, without being prejudiced by this order.

(Pradeep Kumar Srivastava, J.)

R.K/