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2025 DAILYLAW 15723 (JHR)

BUDHAN MANDAL v. THE STATE OF JHARKHAND

A.B.A./3476/2024 · 2025-02-20

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3476 of 2024 ------ Budhan Mandal, aged about 39 years, son of late Reshman Mandal, resident of Village-Ratdih, P.O. & P.S.-Bengabad, Dist.-Giridih … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : None For the State : None ------ Order No.06 Dated- 20.02.2025 No one turns up on behalf of the parties in-spite of repeated calls. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bengabad P.S. Case No.295 of 2023 registered under sections 341/323/324/325/326/307/379/506/34 of the Indian Penal Code. Perusal of the record reveals that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons attempted to murder the informant- Mahendra Mandal when the informant- Mahendra Mandal was cutting foundation over his land. It is further averred in the anticipatory bail application that the allegations against the petitioner are all false and because of land dispute, this false case has bene foisted. It is also averred in the anticipatory bail application that the informant was illegally cutting the foundation over the land belonging to the mother of the petitioner and upon the same being objected, the occurrence took place. It is also averred in the anticipatory bail application that the informant party was the aggressor party and the injury sustained by the informant is simple in nature. It is further averred in the anticipatory bail application that though it is claimed by the informant that the assault was made by bhujali which is a sharp cutting weapon, but there is no sharp cutting injury having been sustained by the alleged victim. It is next averred in the anticipatory bail application that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 16 of the anticipatory bail application. It is also averred in the anticipatory bail application that the petitioner is ready and willing to abide by any terms and condition as imposed by this Court. Considering the aforesaid facts of the case, 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 C.J.M., Giridih, in connection with Bengabad P.S. Case No.295 of 2023 with the condition that the petitioner will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant, injured persons or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-