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2025 DAILYLAW 11226 (JHR)

MUNNA KUMAR PRAJAPATI v. THE STATE OF JHARKHAND

A.B.A./3818/2025 · 2025-07-21

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19859 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3818 of 2025 Munna Kumar Prajapati, S/o Sudama Prajapati, R/o Ward No.4, Village- Bana, P.O. Bana, P.S. Meral, District- Garhwa .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Arvind Kr. Choudhary, Advocate For the State : Mr. Ajay Kr. Pathak, AddI. P.P. …...... 06/ 21.07.2025: Learned counsel for the petitioner undertakes to deposit Court fee etc. during course of the day. 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 303(2)/317(2)/334(1) of BNS. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 5. Petitioner is the driver of JCB. 6. It is alleged that within the campus of Tata steel some scrap was being loaded with the help of JCB and it was presumed that the same was being loaded for the purpose of the stealing. 7. After hearing the parties, I find that if at all any overt act has been taken place it can be said to be an attempt as the vehicle did not leave the premises and only the materials were loaded. Thus, this is not a case of custodial investigation. I feel that this is a fit case for grant of anticipatory bail of the petitioner. 8. 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 learned Chief Judicial Magistrate, Seraikella, in connection with Gamharia P.S. Case No.129 of 2024, 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. 9. The petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days. (ANANDA SEN, J.) R.S./