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2025 DAILYLAW 26832 (JHR)

UTTAM YADAV ALIAS UTTAM KUMAR v. THE STATE OF JHARKHAND

A.B.A./7239/2024 · 2025-04-03

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:10456 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7239 of 2024 ------ 1. Uttam Yadav @ Uttam Kumar, aged about 18 years, Son of Jagdish Mahto 2. Sikandar Yadav @ Sikandra Kumar, Aged about 22 years, Son of Jagdish Mahto 3. Sonu Yadav @ Sonu Kumar, Aged about 21 years, Son of Yogeshwar Yadav 4. Monu Yadav @ Monu Kumar, Aged about 18 years, Son of Yogeshwar Yadav 5. Yogeshwar Yadav @ Yogeshwar Prasad Yadav, Aged about 41 years, Son of Fatu Mahto All residents of Village Ambatanr, P.O. & P.S. –Kunda, District –Deoghar … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ankit Kumar, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. For the Informant : Mr. Arvind Kr. Choudhary, Advocate ------ Order No.07 Dated- 03.04.2025 I.A. No. 4013 of 2025 Heard the parties. Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer for early hearing of this anticipatory bail application. Since, this anticipatory bail application is taken up today hence, the prayer has become infructuous. Accordingly, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No. 7239 of 2024 1. Heard the parties. 2. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Kunda P.S. Case No.86 of 2024 registered for the offences punishable under Sections 147, 341, 323, 324, 325, 379, 504 & 506 of the Indian Penal Code. 3. The learned counsel for the petitioner submits that the petitioner no.5 –Yogeshwar Yadav @ Yogeshwar Prasad Yadav has been arrested, hence the petitioners does not press the prayer for anticipatory bail on behalf of the petitioner no.5. 4. Accordingly, the prayer for grant of privilege of anticipatory bail of the petitioner no.5 –Yogeshwar Yadav @ Yogeshwar Prasad Yadav is rejected as not pressed. 5. So far as the petitioner nos. 1 to 4 are concerned, it is submitted by the learned counsel for the petitioner nos. 1 to 4 that the allegation against them is that they were the members of an unlawful assembly and in prosecution of common object of the assembly committed theft of motorcycle and mobile phone and criminally intimidated the informant and his family members to take back the Kunda P.S. Case No. 93 of 2023. It is further submitted that the allegations against the petitioners are all false and the petitioner nos. 2 to 4 have no criminal antecedent as has been mentioned in para-08 of the instant anticipatory bail application. It is then submitted that the petitioner nos. 1 to 4 undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner nos. 1 to 4 be given the privilege of anticipatory bail. 6. Learned Addl. P.P. and the learned counsel for the informant opposes the prayer for grant of anticipatory bail. 7. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner nos. 1 to 4 be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, the petitioner nos. 1 to 4 shall be released on bail on depositing cash security of Rs.20,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Deoghar, in connection with Kunda P.S. Case No.86 of 2024 with the condition that the petitioner nos. 1 to 4 will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-