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2025 DAILYLAW 19345 (JHR)

MUNNA KUMAR YADAV ALIAS MUNNA KR YADAV v. THE STATE OF JHARKHAND

A.B.A./3951/2025 · 2025-07-28

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20634 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3951 of 2025 ------ 1. Munna Kumar Yadav @ Munna Kr Yadav, aged about 27 years, S/o Upendra Kumar Yadav, R/o Bakshi Bandh Road, Dumka, P.O. + P.S. Dumka (T), District- Dumka. 2. Mukesh Yadav, aged about 40 years, S/o Ram Prakash Yadav, R/o Behind National School, Dumka, P.O. + P.S. Dumka (T), District- Dumka. … … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. S.P. Roy, Advocate For the State : Mr. Satish Prasad, APP ----- 04/ 28.07.2025 Heard the learned counsel for the parties. 2. This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences under Sections 126(2)/115(2)/109(1)/351(2)/3(5) of B.N.S, 2023. 3. The informant alleged in the F.I.R. that while he was returning on the fateful day, these petitioners and others assaulted him and thereafter threatened with fire arms. He has stated that because of the assault, he sustained injury. Thus, the case was lodged under Sections 126(2)/115(2)/109(1)/351(2)/3(5) of B.N.S, 2023. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 5. After hearing the learned counsel for parties, I find that the case has not been registered under the Arms Act. Further the injury upon the victim is simple having 2/3 bruises and pain over chest and one generalized body ache. Thus, as per the opinion of the doctor, the injuries are also simple in nature. 6. Thus, in my opinion, Section 109 of the BNSS is cannot be attracted in this case. Further, I find that there is case and counter case. 2025:JHHC:20634 2 7. Considering the aforesaid facts, I am inclined to allow this application. 8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dumka in connection with Dumka (T) P.S. Case No.33/2025, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, they has to file an affidavit before the Trial Court indicating his share in the property. The petitioners should cooperate with the investigation and appear before the concerned Court once in every fifteen days, till submission of the final report. (ANANDA SEN, J.) Sandeep. Cp-3