The Court rejected anticipatory bail for the petitioners and referred their counsel, Mr. Rakesh Kumar, to the Jharkhand State Bar Council for disciplinary action after he threatened the judge and disrupted proceedings.
The petitioners filed for anticipatory bail in connection with alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, stemming from a land dispute. The key claim was that the matter involved false implication and that the land was lawfully owned by the petitioners.
Petitioners previously received bail in an earlier related case. Later on, the allegations resurfaced, leading to a fresh FIR and the instant application for anticipatory bail. Counsel for the petitioners argued false implication, lack of presence of the petitioners at the time and location of the incident, and possession as per Circle Office Report. The State and informant opposed bail, citing seriousness of threats, age of informant, rampant similar crimes, and petitioners’ criminal records.
The Bench comprising Justice Sanjay Kumar Dwivedi denied anticipatory bail in light of the seriousness of allegations against the petitioners and their criminal antecedents. After pronouncement of bail rejection, Advocate Rakesh Kumar disrupted the court, issuing threats and challenging the judge’s authority. Witnessed by senior advocates, the incident was deemed contemptuous: an attack on the judiciary rather than just the judge.
The Court explained that a Single Judge can initiate and adjudicate contempt proceedings under relevant statutory provisions. Acknowledging pleas from Bar Association leaders not to take criminal contempt action, the Bench chose leniency in not initiating criminal contempt, rather referring the matter to the Jharkhand State Bar Council for disciplinary scrutiny.
The Registry was directed to communicate this order to the Bar Council Chairman immediately.
Appearances:
For the Petitioners: Mr. Rakesh Kumar, Advocate
For the State: Mrs. Lily Sahay, A.P.P.
For the Informant: Mr. Rahul Lamba, Advocate; Mr. Anish Kamal, Advocate; Mr. Aditya M. Khandelwal, Advocate
