KISHUN KUMAR BHARTI ALIAS NANHE BHARTI v. THE STATE OF JHARKHAND
Cr.A(SJ)/820/2024 · 2025-04-07
Sanjay Prasad
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 27472 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27472 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:10702
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.820 of 2024
….
Kishun Kumar Bharti @ Nanhe Bharti, S/O-Raghav Sharan Bharti, aged about 38 years, R/O-Pandit Motor Garage, Kokar Chowk, P.S.-Sadar, Ranchi, P.O.-G.P.O., Dist.-Ranchi, Jharkhand, 834001
……Appellant
Versus
1. The State of Jharkhand
2. Mangra Munda, S/o- Late Sukhan Munda, R/o-Village- Dumardaga, Booty, P.S.-Sadar, Ranchi, P.O.-Buti, Dist.-Ranchi Jharkhand, 835217
……Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Abhishek Kr. Sinha, Advocate
Ms. Khusboo Kumari, Advocate
Ms. Manjusha Priya, Advocate
For the State
: Mr. Santosh Kr. Shukla, APP
……
Order No.07/07.04.2025
This Criminal Appeal has been filed on behalf of the appellant by challenging the order dated 23.08.2024 passed in ABP No.987 of 2024 by Sri Manish Ranjan, learned A.J.C II cum Special Judge SC/ST, Ranchi in connection with Sadar P.S. Case No.55 of 2024 instituted for the offences under Sections 147, 341, 323, 504, 506 of Indian Penal Code and under Section 3(1)(r)(s) of SC/ST (POA) Act by which the prayer for anticipatory bail of the appellant has been rejected.
2. As per the FIR, it is alleged that the appellant along with his father Raghab Sharan Bharti @ Raghav Saran Bharti, his brother Vivek Bharti and with 30-35 boys are alleged to have abused the informant in the name of his caste and also assaulted him.
3. Heard, learned counsel for the appellant and learned counsel for the State.
2025:JHHC:10702
4.
Learned counsel for the appellant submitted that the informant was having land dispute with the father of the appellant with regard to a piece of land. It is submitted that Raghab Sharan Bharti @ Ragav Saran Bharti who is the father of the appellant has been granted anticipatory bail by the Co-ordinate Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court vide order dated 29.01.2025 in Criminal Appeal (SJ) No. 650 of 2024 and the case of the appellant stands on similar footing and hence he may be enlarged on anticipatory bail. 5. Learned APP has opposed the prayer for anticipatory bail. It is submitted that the appellant had abused the informant in the name of his caste and also assaulted him. It is submitted that the some of the witnesses have supported the allegation against the appellant for abusing the informant in the name of his caste, which is mentioned in paragraph 17, 20 and 21 of the Case Diary and hence the prayer for anticipatory bail may be rejected. 6. Perused the records of this case and the case diary submitted by the learned APP. 7. It would appear from the records that there is general and omnibus allegation against all the accused persons including the appellant in the FIR for assaulting the informant and for abusing him in the name of his caste. 8. It also appears that co-accused Raghab Sharan Bharti @ Raghab Saran Bharti has also been granted anticipatory bail by the Co-ordinate Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court vide order dated 29.01.2025 in Criminal Appeal (SJ) No. 650 of 2024 and who is the father of the appellant. 9. Under the circumstances, order dated 23.08.2024 passed by Sri Manish Ranjan, learned A.J.C II cum Special Judge SC/ST, Ranchi in ABP No.987 of 2024 in connection with Sadar P.S. Case
2025:JHHC:10702
No.55 of 2024 is set aside. 10. Accordingly, on the facts and circumstances of this case, the appellant is directed to surrender before the learned Court below within a period of four (4) weeks from the date of this order, and upon surrender of the appellant, the appellant namely Kishun Kumar Bharti @ Nanhe Bharti is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rs.
Ten Thousand) each with two sureties of the like amount each, to the satisfaction of earned A.J.C II cum Special Judge SC/ST, or his Successor Court in connection with Sadar P.S. Case No.55 of 2024
11. Thus, this Criminal Appeal (SJ) No. 820 of 2024 is allowed and stands disposed of. (Sanjay Prasad, J.) Nishant/-