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2025 DAILYLAW 22044 (JHR)

SIKIRAM KAIVART ALIAS KATTU KAIBARTA v. STATE OF JHARKHAND

A.B.A./6172/2024 · 2025-02-14

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4062 of 2024 ------ 1. Akash Kaivarta @ Akash Kaibarta aged about 25 years, son of Devandra Kaivarta. 2. Vikash Kaivarta @ Vikash Kaibarta aged about 23 years, son of Devendra Kaivarta. Both are residents of village Kevatsai, P.O.-Kevatsai, P.S.- Rajnagar, District-Seraikella-Kharsawan, Jharkhand. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party With A.B.A. No.6172 of 2024 ------ Sikiram Kaivart @ Kattu Kaibarta @ Kattu Kaibart, aged about 18 years son of Dhondho Kaivart resident of Village-Kuju, P.O.-Icha, P.S.-Rajnagar, District-Seraikella (Kharsawan). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party With A.B.A. No.5393 of 2024 ------ 1. Shaktiman Kaivart @ Shaktiman Kaivarta, aged about 21 years, son of Jurai Kaivarta, resident of Village Kuju, Post Rajnagar, Police Station Rajnagar, District Seraikella Kharsawan. 2. Vikram Kaivart @ Vikram Kaivarta, aged about 21 years, son of Dhando Kaivarta, resident of Village Kuju, Post Rajnagar, Police Station Rajnagar, District Seraikella Kharsawan. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Jitendra Nath Upadhyay, Advocate : Mr. Vikash Kumar, Advocate : Mr. Rohit Agarwal, Advocate For the State : Ms. Vandana Bharit, Addl. P.P. : Mr. Shree Prakash Jha, Addl. P.P : Mr. Vijoy Kr. Sinha, Addl. P.P. ------ Order No.04 Dated- 14/02/2025 Heard the parties. Since, all these three anticipatory bail applications have been filed with the common prayer, hence, all these three anticipatory bail applications disposed of by this common order. Apprehending their arrest in connection with Rajnagar P.S. Case No.23 of 2024 instituted under Sections 147, 148, 149, 307, 323, 325 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners are that the petitioners were member of an unlawful assembly armed with deadly weapons and attempted to murder the informant by breaking his hand. It is submitted that the allegation against the petitioners is false. It is next submitted that the part of the body in which injury has been sustained by the informant is not vital part of the body. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Seraikella in connection with Rajnagar P.S. Case No.23 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Abhiraj/