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2025 DAILYLAW 11968 (JHR)

DILIP YADAV v. THE STATE OF JHARKHAND

A.B.A./3723/2025 · 2025-07-15

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19194 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3723 of 2025 ------ Dilip Yadav, S/o late Dwarika Yadav, R/o Nawagarh, Kharkhari (Harendra Talkies), PO and PS Madhuban, District Dhanbad … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Pratiush Lala, Advocate. For the State : Mr. Vineet Kr. Vashistha, Spl.P.P. ----- 06/ 15.07.2025 This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 191(2), 191(3), 190, 324(5) and 326 of the Bharatiya Nyaya Sanhita, 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, I have come across the order passed in Cr.M.P. No. 1067 of 2025 (Deepak Rawani & Ors. Vs. State of Jharkhand), wherein this FIR in respect of other co-accused persons, has been quashed on the ground that for the same occurrence, Madhuban P.S. Case Nos. 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- 2025:JHHC:19194 2 accused, has been quashed, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned JMFC, 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. (ANANDA SEN, J.) Tanuj/Cp-3