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2025 DAILYLAW 10682 (JHR)

MAHABIR PRAHIYA ALIAS PARAHIYA v. THE STATE OF JHARKHAND

A.B.A./3674/2025 · 2025-07-10

Sri Ananda Sen

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Judgment text

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2025:JHHC:18823 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3674 of 2025 Mahabir Prahiya @ Parahiya, S/o Late Jaymangal Prahiya, R/o Village- Lanka, Tola- Uchwabal, P.O. Manika, P.S. Manika, District- Latehar, (Jharkhand) .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajesh Bhushan, Advocate For the State : Mr. Nawin Kr. Singh, AddI. P.P. …...... 06/ 10.07.2025: Defect(s) as pointed by the Office is ignored for the present. 2. Heard, learned counsel for the petitioner and learned counsel for the State. 3. This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 341, 342, 323, 324, 325, 307, 354/34 of IPC. 4. The learned APP opposes the prayer for anticipatory bail. 5. The allegation against this petitioner is that petitioner and others have assaulted informant and others. 6. After going through the impugned order, I find that there are evidence of injuries. The only allegation against this petitioner is that he had called the victim to his house where puja was being performed, when this assault had taken place. Allegation of assault is not upon the petitioner. 7. Considering the fact that the only allegation against this petitioner that he has called the victim in the puja which was being performed in his house, I am inclined to allow this anticipatory bail application. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of A.C.J.M., Latehar, in connection with Manica P.S. Case No.40 of 2022, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. 8. Petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days. (ANANDA SEN, J.) R.S./