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2025 DAILYLAW 12868 (JHR)

MANISH ALIAS MANISH KUMAR YADAV ALIAS DABLU YADAV v. THE STATE OF JHARKHAND

B.A./3993/2025 · 2025-06-11

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15067] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3993 of 2025 ------ 1. Manish @ Manish Kumar Yadav @ Dabla Yadav, aged about 22 years, S/o Yogendra Yadav @ Jogi Yadav 2. Nitish Yadav @ Nitish Kumar, aged about 22 years, S/o Umesh Kumar Yadav @ Umesh Yadav All R/o- Village – Kendua No. 4, Khatal, P.O. – Kusunda, P.S.- Kenduadih, Dist.- Dhanbad, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Raj Nandan Chatterjee, Advocate For the State : Ms. Snehlika Bhagat, Addl.P.P ------ Order No.02 Dated- 11-06-2025 Heard the parties. The petitioners have been made accused in connection Kenduadih P.S. Case No.96 of 2024 registered for the offences punishable under Section 191 (2), 191 (3), 190, 127 (1), 333, 115 (2), 352, 351 (2), 109, 74 of the B.N.S., 2023 and under Section 25 (1-B) (a), 26 and 27 of the Arms Act. 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 they attempted to murder the members of the informant party. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards Annexure-2 page-21 of the brief, learned counsel for the petitioners submits that the parties have settled their dispute outside the court and a joint compromise petition has been filed by the victim as well as the petitioners in the court of learned Additional Sessions Judge-VII at Dhanbad, wherein the informant has categorically mentioned that with the intervention of well- wishers and common friends, the parties have settled their dispute and they have decided not to proceed further in the case and in view of the compromise, the co-accused, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 27.03.2025 passed in A.B.A. No.1907 of 2025. It is then submitted that the petitioners undertake that they will co-operate with the trial of the case and that they will not annoy or disturb the informant and other witnesses of the case during the trial of the case. It is lastly submitted that the petitioners have been in custody since 07.03.2025 as is evident from para-17 of the instant bail application. Hence it is submitted that the petitioners be released on bail. Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above-named petitioners are directed to be enlarged on bail 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 Judicial Magistrate-1st Class, Dhanbad in connection with Kenduadih P.S. Case No.96 of 2024 with the condition that they will co- operate with the trial of the case, furnish their mobile number and photocopy of the Aadhar Card in the court below with an undertaking that they will not change their mobile number during the trial of the case and will not annoy or disturb the informant and other witnesses of the case during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/