SUNIL KUMAR ALIAS SUNIL THAKUR v. THE STATE OF JHARKHAND
A.B.A./6951/2024 · 2025-06-25
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27700 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27700 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:17023 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6951 of 2024
----- 1.Sunil Kumar @ Sunil Thakur, S/o Pashupati Thakur, R/o Nehru Road, Krishna Puri, P.O. & P.S.- Ramgarh, District- Ramgarh, Jharkhand 2.Bikash Kumar @ Vikash Sharma, S/o Kaushal Kishore Sharma 3.Vishal Kumar @ Vishal Sharma, S/o Kaushal Kishore Sharma Both are R/o B.T. 27, G-8, Bangali Tola, Near Dhandhar Pokhar, Ramgarh Cantt, PO & P.S. Ramgarh, District Ramgarh, Jharkhand
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. A.K. Kashyap, Sr. Advocate
Mr. Anurag Kashyap, Advocate For the State : Ms. Vandana Bharti, AddI. P.P
…......
05/ 25.06.2025: Heard, learned counsel for the petitioners and learned counsel for the State.
2. The present anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest for the offences registered under Sections 147, 148, 149, 447, 341,323, 324, 325, 307, 504, 506, and 379 of Indian Penal Code and Section 27 of the Arms Act, in connection with Ramgarh P.S. Case No. 53 of 2024, presently pending in the court of Learned Chief Judicial Magistrate, Ramgarh.
3. Prosecution case as per the informant, Narendra Nath Singh, is that on 01.03.2024, the land of the informant was attempted to be forcibly leveled by using a JCB machine by the petitioners and others. Upon receiving this information, the informant along with his elder brother Binod Singh and nephew Arjun Singh, rushed to the spot on his Scooty and raised objections, when Sunil Thakur (armed with a sword), Vishal Sharma (with a gupti), Vikash Sharma (with sword) along with others attacked the informant, causing grievous injuries. The informant fell unconscious, and believing him dead, the accused persons allegedly attacked his elder brother Binod Singh, also inflicting serious injuries. Thereafter, assuming both to be dead, the accused persons fled taking away their Scooty.
4. The learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating material has been recovered from the possession of the petitioners. He submits that the petitioners were not present at the place of occurrence. He further submits that the present case is a counter case which has been lodged, as a result of the case which was instituted against the informant. He further submits some of the co-accused has already been granted anticipatory bail in A.B.A No. 6104 of 2024 on 24.09.2024. Thus, he prays that the instant anticipatory bail should be allowed.
5.
Learned counsel for the State vehemently opposes the prayer for anticipatory bail. She submits that there are direct allegations against these petitioners of assaulting the informant and others.
6. After hearing the parties and going through the impugned order, I find that there is allegation against these petitioners of assaulting the informant, his brother and his nephew. Considering the nature of allegations and the injuries, I am of the considered view that this not a fit case for the grant of anticipatory bail.
7. Petitioners are directed to appear before the court concerned. Once the petitioners appear before the court concerned, their cases shall be considered individually considering the individual overt acts of the petitioners and also the status of the other co-accused persons.
8. Accordingly, this Anticipatory Bail Application stands dismissed with the aforesaid direction.
(ANANDA SEN, J.) R.S./