Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2771 of 2024
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1. Mahendra Saw, age about 39 years, s/o Devi Saw
2. Jhamni Devi @ Jhamani Devi, aged about 41 years, w/o Devi Saw Both r/o Kewalu, Chechkaapi, P.O.-Barkathha, P.S.- Barkathha, Dist.-Hazaribag (Jharkhand)
… Petitioners
Versus
1. The State of Jharkhand
2. Gulli Singh, age 53 years, s/o late Matan Singh, r/o Kewalu, Chechkaapi, P.O.-Barkathha, P.S.-Barkathha, Dist.-Hazaribag (Jharkhand)… Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Rohit Ranjan, Advocate
: Mr. Saurabh, Advocate For the State
: Mrs. Priya Shrestha, Spl. P.P. For O.P. No.2
: Mr. Awanikant Prasad, Advocate ------
Order No.08 Dated- 16.01.2025
Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Hazaribag Barkathha P.S. Case No.189 of 2023 registered under sections 147/148/149/341/323/324/307/427/504/506 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder Vijay Sahu, Dhaneshwar Sahu and Kameshwar Singh. It is further submitted that the allegations against the petitioners are all false and for the selfsame occurrence, from the side of the petitioners Barkathha P.S. Case No. 187 of 2023 was first instituted by the petitioner no.2 and as a counter blast, this false case has been foisted. It is next submitted that the petitioners have no intention to kill anybody and there was free fight between the parties. It is then submitted that the petitioners undertake to furnish sufficient security
including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant, victims or any of their family members in any manner during the pendency of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 22.10.2024 in A.B.A. No.2772 of 2024. Hence, it is submitted that the petitioners be also given the privilege of anticipatory bail. Learned Spl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 10,000/- each and on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Hazaribag, in connection with Hazaribag Barkathha P.S. Case No.189 of 2023 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant, victims or any of their family members in any manner during the pendency of the case subject to the conditions laid down under Section 438 (2) of Cr.P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-