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2025 DAILYLAW 13288 (JHR)

VIKRAM MIRDHA v. THE STATE OF JHARKHAND

A.B.A./2763/2025 · 2025-06-12

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:15317 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2763 of 2025 1. Vikram Mirdha, son of Kailash Mirdha 2. Manoj Mirdha, son of Shankar Mirdha 3. Chhotu Mirdha @ Chotu Mirdha son of Shankar Mirdha 4. Kailash Mirdha, son of Dhiro Mirdha All are residents of village Kordaha, P.O Dighi, P.S. Saraiyayat, District- Dumka, Jharkhand ....... Petitioner(s). -Versus- The State of Jharkhand …..Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Durga C. Mishra, Advocate. For the State : Mr. Shailesh Kr. Sinha, A.P.P. …..... 03/12.06.2025: This is an application filed by the petitioners praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioners have been allegedly implicated in a criminal case registered under Section(s) 302/34 IPC. Heard learned counsel for the parties at length and had gone through the documents, annexed along with this application. Opportunity was given to the State to oppose the bail, which the State availed and opposed. The allegation against these petitioners is that with a huge log of date tree, they smashed the son of the informant, who was a child. After going through the record, I find that the eye witnesses of the said occurrence are small children, who were playing there and there is no major person other than the children, who saw the occurrence. From para 10 to 12 and the statement of the witnesses, who have heard about the incident, it is apparent that the children, who were playing there, have narrated that when the petitioners and others were carrying the huge log of date tree, the deceased-child crossed from the place and the log of the tree fell on him, as a result of which, he died. Thus, prima facie, I am of the opinion that an accident has occurred, which resulted in unfortunate death of the deceased-child. Considering the aforesaid facts, 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 J.M, 1st Class. Dumka, in connection with Saraiyahat P.S. Case No. 59 of 2024, 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.)