2025:JHHC:17737 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6954 of 2024 ---- Gunjan Kumar Tiwary, S/o Ramji Tiwari, posted at New Coal Dump, BCCL Kunsuda Area, Are-VI, Kusunda, Kenduadih, Dist. Dhanbad .... Petitioner Versus The State of Jharkhand … Opp. Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Amritansh Vats, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P ---- 06/ 03.07.2025: The present anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita has been preferred by the petitioner apprehending his arrest in connection with Kenduadih Police Station Case No.107 of 2023, registered for the offences alleged under Sections 341, 324, 326 and 307 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad. 2. The prosecution case, in brief, is that the informant, Ramakant Kumar Paswan, submitted a written complaint at Kenduadih Police Station alleging that on 11.09.2023 at around 2:00 PM, that the petitioner, who is a CISF constable, attacked his brother, Ramashankar Paswan, with a sharp- edged weapon with the intention to kill him. As a result, the victim sustained serious injuries. 3. Learned counsel for the petitioners submitted that the petitioner is a CISF employee and his works has always been satisfactory. He submitted that when the petitioner was on duty some antisocial elements including brother of the informant were entering the restricted area with the intention of stealing the coal. He further submitted that the petitioner has exercised his right of private defence only. He further submitted that the instant case was registered in response to a counter case which was registered by the petitioner against the informant. He submitted that the petitioner has complied with the notice issued to him under Section 41 A of the Code of Criminal Procedure. Thus, on these aforesaid grounds he prayed that the instant anticipatory bail application should be allowed. 4. Learned counsel appearing on behalf of the State vehemently opposed the prayer of the petitioner for grant of anticipatory bail. He submitted that there is specific and direct allegation against the petitioner of assaulting the brother of the informant who later on died. He submitted that the informant in his restatement as well as other independent witnesses have supported the 2025:JHHC:17737 -: 2 :- case of prosecution. He further submitted that doctor in Post Mortem Report has opined that the death of the victim was caused due to sharp cutting weapon. Thus, he prayed that this anticipatory bail should be dismissed. 5. In order to consider the arguments advanced by the parties, I have gone through the available records including the Case Diary of the present case as also the Case Diary of Kenduadih (Gondudih O.P.) Police Station Case No.106 of 2023. I find that the petitioner has sustained injury. As per the allegations and materials collected in Kenduadih (Gondudih O.P.) Police Station Case No.106 of 2023 about 100-150 persons unauthorisedly entered into the prohibited area and started collecting coal and when the petitioner tried to stop them, he was attacked by stones due to which the petitioner sustained injuries. I find from the records of the present case that this case has been instituted after two days of institution of the case instituted by the petitioner. It appears that admittedly the petitioner was on duty, and if there was any intention to commit murder, he could have fired from his arms, which he did not. Considering the nature of allegation and the materials on record, I am inclined to allow this anticipatory bail application. The petitioner, named above, is directed to surrender before the Court below within four weeks from today and in the event of his surrender and/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 the learned Judicial Magistrate 1st Class, Dhanbad in connection with Kenduadih Police Station Case No.107 of 2023, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own 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; with a further condition that the petitioner shall appear before the Investigating Officer once in every 15 days till filing of chargesheet. 6. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03