NIRAJ MANDAL @ NIRAJ KUMAR v. THE STATE OF JHARKHAND
A.B.A./3714/2025 · 2025-07-15
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11938 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11938 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:19835 -: 1 :-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3714 of 2025 ----
1. Niraj Mandal @Niraj Kumar, S/o Nand Kishore Mandal, R/o Village Gadi Chunglo P.O. & P.S. Jamua, District Giridih.
2. Akaksh Mandal @Akash Kumar S/o Anil Mandal, R/o Village - Gadi Chunglo, P.O. & P.S. Jamua, District Giridih.
…
… Petitioners Versus The State of Jharkhand …
… Opposite Party ----
CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Rakesh Kumar, Advocate For the State :
Mr. Satish Kumar Keshri, A.P.P. ---- 6/ 15.07.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State.
2.
This anticipatory bail application under section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita has been preferred by the petitioner apprehending his arrest in connection with Jamua P.S. Case No. 03 of 2025, registered for offences punishable under Sections 329(4), 190, 191(3), 115(2), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26 and 35 of Arms Act, pending in the Court of the Judicial Magistrate First Class, Giridih.
3.
As per the First Information Report, it has been alleged on 14.01.2025, four persons entered into the informant’s house and caught hold of informant’s brother and pointed a gun on his chest and another asked to kill him. On hearing the noise, the informant came out and saw that one of the accused persons was pointing the gun towards the ceiling and snatching the articles. It has been further alleged that the other two accused persons were also armed with Desi Katta (country-made pistol). On being alarmed by the wife and mother of the informant, the four thieves started to flee away. The villagers caught hold of two, one standing outside and another on a motorcycle at some distance from the house.
4.
Learned counsel for the petitioners submits that the petitioners are innocent and have nothing to do with the alleged occurrence. Petitioners have been implicated in this case falsely by the informant due to previous enmity. The petitioners were not apprehended on the spot and no incriminating articles have been recovered from their possession.
5.
Learned counsel representing the state vehemently opposes the prayer of the petitioners for grant of anticipatory bail and submits that the
2025:JHHC:19835 -: 2 :-
petitioners in association with other co-accused persons, armed with fire arms and ammunition, came to the house of the informant and fired outside the house and also threatened the informant of his life.
6.
After hearing the counsel for the parties and going through the records, I find that the petitioners are named in the First Information Report with serious and direct accusations against them having katta (country-made pistol) in their hands. The confessional statement of the apprehended accused fortifies the allegation against the petitioner. Keeping in view the seriousness of the offence and the fact that the investigation requires detention and custodial interrogation, I am not inclined to grant anticipatory bail to the petitioners. The prayer for grant of anticipatory bail of the petitioners is hereby rejected.
7.
This anticipatory bail application is, accordingly, dismissed.
(Ananda Sen, J.) Kumar/Cp-03