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2025 DAILYLAW 2655 (JHR)

BHAGIRATH MANDAL v. THE STATE OF JHARKHAND

A.B.A./384/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.384 of 2025 ------ 1. Bhagirath Mandal S/o Late Gopi Mandal aged about 56 Years. 2. Ghanshyam Mandal S/o Late Gopi Mandal aged about 62 years 3. Mukesh Mandal @ Mukesh Kumar, S/o Bhagirath Mandal aged about 35 years 4. Manish Mandal S/o Bhagirath Mandal aged about 33 years 5. Ajay Kumar Mandal s/o Bhagirath Mandal aged about 30 years, Resident of village- Murlidih, P.O. & P.S. Karmatand, Dist- Jamtara .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Mridhula Thakur, Advocate Mr. Arvind Kr. Choudhary, Advocate For the State : Ms. Anuradha Sahay, Addl.P.P For the Informant : Mr. Preetam Mandal, Advocate ------ Order No.02 Dated- 24-01-2025 Heard the parties. Apprehending their arrest in connection with Karmatand P.S. Case No.119 of 2024 instituted under Sections 115 (2), 126 (2), 117 (2), 329 (4), 109, 76, 303 (2), 351 (2), 3 (5) of the B.N.S., 2023, 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 is that the petitioners in furtherance of common intention with the co-accused persons, attempted to murder Sanju Devi, Kaushalya Devi, Manju Devi, Vijay Kumar Mandal and Shreekant Kumar. It is submitted that the allegation against the petitioners is false. It is next submitted that the genesis of the occurrence is land dispute between the agnates. It is further submitted that for the self-same occurrence, from the side of the petitioners, Karmatand P.S. Case No.120 of 2024 has also been lodged by the petitioner No.1. It is next submitted that the injury is grievous injury which is on the hand which is not on the vital part of the body. It is also submitted that there was a free-fight between the parties and the petitioners had no intention to kill anybody. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant or the victims or any of their 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 being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners and the learned counsel for the informant submits that the petitioners are no way related to the informant. 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 C.J.M., Jamtara in connection with Karmatand P.S. Case No.119 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/