Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11454
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5188 of 2024 ------
1. Chandradev Mallah, aged about 51 years, S/o Late Kailash Mallah
2. Satyam Kumar Nishad @ Satyam Kumar, aged about 24 years, S/o Chandradev Mallah
Both R/o Kathara Gaytri Colony, Rajendra Nagar, P.O. & P.S. Kathara, District Bokaro, Jharkhand
… … Petitioners Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Baibhaw Gahlaut, Advocate. For the State : Mr. Arup Kr. Dey, A.P.P. -----
06/ 16.04.2025 Heard the parties.
2.
This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 341, 323, 307 and 34 of the Indian Penal Code.
3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
4. There is an allegation that the petitioner had assaulted the informant and his son. I have gone through the allegations and I have gone through the medical report also, there is no fracture on the elbow which is apparent from the medical report. There is an allegation that with the rod, they were assaulted on the back. The injury on the scalp is simple in nature. From the nature of allegations and the assault, prima-facie it gives an opinion that Section 307 of the Indian Penal Code cannot be attracted and the
2025:JHHC:11454
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other offences are bailable.
5.
Considering the aforesaid fact this Anticipatory Bail Application stands allowed. The petitioner, above named, is
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 his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Bermo at Tenughat, District Bokaro, in connection with Bokaro Thermal P.S. Case No.32 of 2024, G.R. No. 391 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.
(ANANDA SEN, J.) Rashmi/ Cp-2