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2025 DAILYLAW 14243 (JHR)

MAHENDRA MAHTHA v. THE STATE OF JHARKHAND

A.B.A./3295/2024 · 2025-03-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3295 of 2024 ------ Mahendra Mahtha, aged about 65 years, S/o Bageshwari Mahtha, resident of house no. 05, near Durga Mandir, P.O. – Chirudih, P.S. –Mohanpur, Dist –Deoghar. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pran Pranay, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P. ------ Order No.10 Dated- 06.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mohanpur P.S. Case No.184 of 2023 registered for the offences punishable under sections 302/201/34 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons committed murder of Roshan Kumar Rao and caused disappearance of evidence of murder. It is further submitted that the allegations against the petitioner are all false. It is next submitted by the learned counsel for the petitioner, drawing attention of this Court to the deposition of the informant as P.W.1 in Sessions Trial No. 66 of 2024 which is faced by the co-accused –Anup Mahtha, that therein the informant has categorically stated that the petitioner has no role in the commission of murder of Roshan Kumar Rao and because of suspicion, he took the name of the petitioner also for having committed the murder of Roshan Kumar Rao. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation 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 29.04.2024, in A.B.A. No. 10159 of 2023. Hence, it is submitted that the petitioner be also given the privilege of anticipatory bail. Learned Addl. P.P. 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Deoghar, in connection with Mohanpur P.S. Case No.184 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) of the Cr.P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-