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2025 DAILYLAW 11930 (JHR)

RAHUL YADAV @ PRACHI ALLIAS RAHUL KUMAR v. THE STATE OF JHARKHAND

A.B.A./2609/2025 · 2025-07-08

Sri Ananda Sen

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Judgment text

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2025:JHHC:18369 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2609 of 2025 1. Rahul Yadav @ Prachi @ Rahul Kumar, son of Satyendra Yadav, resident of Asha Kothi Khatal, P.O and P.S. Madhuban, District- Dhanbad. 2. Kamlesh Yadav, son of Jagdish Yadav, resident of Asha Kothi Khatal, P.O and P.S. Madhuban, District- Dhanbad. 3. Lalan Yadav, son of Gandhari Yadav, resident of Asha Kothi Khatal, P.O and P.S. Madhuban, District- Dhanbad. 4. Rocky Modak @ Tapas @ Tapas Kr. Modak, son of Sudamay Modak, resident of Nawagarh Basti, P.O and P.S Madhuban, District- Dhanbad. 5. Chhotu Singh @ Chandan Singh @ Chhotu Kr. Singh, son of Raghunandan Singh, Resident of Phularitand, P.O Kharkharee, P.S. Madhuban, Dhanbad. 6. Chandan Kumar Yadav, son of Kanti Yadav, Resident of Phularitand, P.O Kharkharee, P.S. Madhuban, Dhanbad. ..... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). . ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Pratiush Lala, Advocate. For the State : Mr. Fahad Allam, A.P.P. …..... 3/08.07.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for the offences registered under Section(s) 191(2), 191(3), 190, 324(5), 326 of BNS, 2023. 2. Heard the parties at length and had gone through the documents, annexed along with this application. 3. Opportunity was given to the State to oppose the bail, which the State availed and opposed. 4. During course of argument and after taking into consideration the order passed in Cr.M.P. No. 1067 of 2025 (Deepak Rawani & Ors. Vs. State of Jharkhand), this FIR in respect of other co-accused persons, has been quashed on the ground that for the same occurrence, Madhuban P.S. Case No. 01/2025 and 2/2025 were registered. Thus, this Court come to a conclusion that for the same offence, three FIRs have been lodged,which could not have been done in view of the judgment of the Hon'ble Supreme Court in the case of T.T. Anthony Vs. State of Kerala & Others, reported in (2001) 6 SCC 181. 5 Considering the aforesaid facts and keeping in view of the order passed by this Court in Cr.M.P. No. 1067 of 2025, wherein it has been held that three cases have been lodged for the same occurrence and the instant FIR in respect of other co-accused, has been quashed, I am inclined to allow this anticipatory bail application. Accordingly, the petitioners, above named, are directed to surrender before the court below within four weeks from today and in the event of their surrender/arrest, the court below is directed to enlarge them on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Dhanbad, in connection with Madhuban P.S. Case No. 03/2025, subject to condition that one of the bailers should be close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)