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2025 DAILYLAW 19913 (JHR)

ABHINASH SINGH ALIAS AVINASH KUMAR SINGH v. THE STATE OF JHARKHAND

A.B.A./4757/2024 · 2025-02-27

Anil Kumar Choudhary

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 4757 of 2024 Abhinash Singh @ Avinash Kumar Singh, aged 26 Years son of Ashok Kumar Singh, resident of Village Chandar Nagar P.O. Kubri,P.S. Dhanwar (Ghorthamba O.P.) District Giridih. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Sudhir Kr. Roy, Adv. For the State : Mr. Anup Pawan Topno , Addl. PP 03 / 27.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sariya P.S. Case No. 67 of 2023 registered under Sections 394 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed robbery and snatched away mobile phone of the informant, assaulted the informant and his friends and also snatched Rs. 28,000/- and three more mobile handsets as well as silver bracelet and Bluetooth headphones. It is then submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR and his name cropped up on the basis of the confessional statement of the co-accused Alok Kumar. Drawing attention of the court to Annexure 2, which is the certified copy of the judgment dated 04.01.2024 passed by learned Session Judge, Giridih, in S.T. Case no. 414 of 2023, it is submitted by learned counsel for the petitioner that the informant and his friend, who was the victim and who was examined as PW1 and 2 respectively in that ST case no. 414 of 2023, have categorically stated that Alok Kumar who was produced through the video conferencing during the trial of the said case, was not present at the place of occurrence. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 11 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and undertakes to furnish sufficient security including cash security and waives his right of being put in any TIP and will not challenge his identification by any witness during the trial of the case on the ground that no proper TIP was held and also undertake not to annoy or disturb the informant or victim in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 20,000/- as cash security 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 CJM, Giridih in connection with Sariya P.S. Case No. 67 of 2023 subject to the condition that the petitioner will waive his right of being put on TIP and will not challenge his identification by any witness during the trial of the case on the ground that no TIP was held and will not annoy or disturb the informant or victim in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-