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2025 DAILYLAW 26488 (JHR)

LALAN CHOUDHARY v. THE STATE OF JHARKHAND

Cr.A(SJ)/726/2024 · 2025-01-13

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 726 of 2024 ------ 1. Lalan Choudhary, aged about 40 years, S/o. Ganesh Choudhary. 2. Shri Choudhary @ Shri Prasad Choudhary, aged about 37 years, S/o. Late Kuldeep Choudhary. 3. Ashish Choudhary @ Ashish Kumar, aged about 20 years, S/o. Pawan Choudhary. All are R/o. Vill.- Shaharpura, P.O.- Arkhango, P.S.- Dhanwar, Dist.- Giridih. … … Appellants -Versus - 1. The State of Jharkhand 2. Damodar Ravidas, S/o. Late Kali Ravidas, R/o. Vill.- Shaharpura, P.O.- Arkhango, P.S.- Dhanwar, Dist.- Giridih. ... … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Appellants : Mr. Vijay Kumar Roy, Advocate For the State : Mr. Subodh Kr. Dubey, A.P.P. For the Resp. No. 02 : Mr. Kamdeo Pandey, Advocate ------ 07/13.01.2025 Heard the parties. 2. The appellants are apprehending their arrest in connection with SC/ST P.S. Case No. 12/2023, for the offences registered under Sections 323, 504, 506, 147 & 148 of the I.P.C. and Section 3(1)(r)(s) of the SC/ST, Prevention of Atrocities Act, pending in the Court of learned Special Judge, SC/ST Act, Giridih. 3. On 24.10.2021 at about 8:00 A.M., the respondent no. 2 was ploughing his field, when the appellants came there and asked the respondent no. 2 to stop the work. The appellants also assaulted him and abused him by calling his caste name. 4. Learned counsel appearing on behalf of the appellants submitted that the appellants are the Khatyani owner of the said land and the respondent no. 2 was trying to dispossess the appellants from the said land due to which this occurrence has taken place. 5. Attention has been drawn towards the land receipt with regard to the aforesaid land issued by the Jharkhand Government in the name of Swarup Choudhary, who is predecessor in interest of the appellants. 6. Learned counsel appearing on behalf of the respondent no. 2 has vehemently opposed the prayer for anticipatory bail of the appellants. 7. In view of the submissions made above, I am inclined to extend the privilege of Anticipatory bail to the appellants. Accordingly, the appellants, above named, are directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on their surrender, shall release them on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST Act, Giridih in connection with SC/ST P.S. Case No. 12/2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Ambuj Nath, J.) Rahul/-