Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11643
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5787 of 2024 ------ Sagar Yadav, son of Late Ram Sakal Yadav, resident of at Maithon More Shibalibadi (Kalimati), P.O. Kumardhubi, P.S. Chirkunda, District Dhanbad, Jharkhand. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Krishna Prajapati, Advocate For the State : Ms. Bandana Sinha, A.P.P.
Mr. Abhijeet Kr. Singh, Advocate
Mr. Prakhar Kr. Vishain, Advocate -----
05/ 16.04.2025
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Govindpur P.S. Case No.115 of 2024, for offences under Sections 326, 307, 120-B IPC and Section 27 of the Arms Act. The case is presently pending before the Court of learned Judicial Magistrate, 1st Class, Dhanbad.
2.
Heard learned counsel for the petitioner and learned counsel for the opposite party – State.
3.
Learned counsel representing the petitioner submits that the petitioner was not present at the place of occurrence and his name transpired through the confessional statement of co- accused. He submits that there is no evidence except the confessional statement of co-accused.
4.
Opportunity was given to the State to oppose the anticipatory bail application, which the State availed and opposed.
5.
The allegation in the F.I.R. is that the informant while
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he was escorting the vehicle carrying fishes, two person came in a motorcycle and threw poison on the fishes. When the informant intercepted them, one of them shot fire. The bullet struck the friend of the informant however fortunately he saved his life.
6.
During the course of investigation, it came to light that one of the co-accused who was arrested has confessed before the Police that he along with others i.e. the assailant and this petitioner, hatched a conspiracy to do away with the informant as they wanted to grab control over the entire transportation business of fishes. Since this is a case of conspiracy, a proper investigation is necessary in this case.
7.
Considering the nature of allegation, I am not inclined to release this petitioner on anticipatory bail.
8.
Accordingly, this Anticipatory Bail Application stands dismissed.
(ANANDA SEN, J.) Prashant. Cp-3