SANTOSH KUMAR RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned A.P.P. for the State as well as learned counsel for the Informant.

(2.) The petitioner, who is an accused for offence under Sections 307, 379 and 34 of the Indian Penal Code, prays for anticipatory bail expressing apprehension of his arrest in connection with Rajganj P.S. Case No.27 of 2016, pending in the court of learned J.M. 1st Class, Dhanbad, has been filed on the basis of the Written report given by one Md. Zakir to the Superintendent of Police (Rural), Dhanbad, alleging therein, that his elder brother, Md. Nazim was going on a truck bearing Registration No.UP21 AN 3080 loaded with leather from Hapur to Kolkatta. At wee hours i.e. at 2.00 am., on 14.06.2016 gave a call from his mobile to his father that thieves are chasing him and on the point of Pistol, to stop the vehicle, but ignored the signal in high speed and crossed Rajganj in high speed. Thereafter his mobile was switched off. It is alleged that his father gave this information to the informant's mobile. The informant disclosed that he is in Durgapur, West Bengal and his father asked him to check the vehicle of Nazim in the way. It is further alleged that the driver of vehicle, Nafish informed the younger brother of the informant that he along with Khalashi have been locked up in Tochanchi Police Station and the Police personnel shot his brother causing injury and was admitted in Tochanchi Hospital. Thereafter he proceeded to Topchanchi Hopital and Topchanchi Police Station to Hospital, but he could not locate his brother. Then he found his brother in injured condition at Patliputra Medical College and Hospital at Dhanbad and the Doctor advised him to shift at Durgapur or Delhi. On the basis of these allegations, the instant case has been instituted.

(3.) Learned Sr. Counsel for the petitioner submitted that prior to lodging of this case, being Rajganj P.S. Case No.27 of 2016, one Topchanchi P.S. Case No.98 of 2016 (dated 15.06.2016 at 0:15 hours) was registered for the offence under Sections 279, 427, 307, 353, 34 IPC and Sections 25(1-b)(a)/26/27/35 of the Arms Act and Sections 6 and 7 of the 'Jharkhand Bomine Act under Slaughter provisions of Jharkhand Bomine Act and subsequently Sections 30 and 31 of the Prevention of Cruelty of Animals Act.