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2025 DAILYLAW 28005 (JHR)

SHARWAN RAM v. THE STATE OF JHARKHAND

A.B.A./7146/2024 · 2025-04-03

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:10330 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7146 of 2024 ------ 1. Sharwan Ram aged about 38 years S/o Late Mewalal Ram 2. Ajay Ram aged about 52 years S/o Late Mewalal Ram 3. Vicky Ram aged about 26 years S/o Ajay Ram. All residents of Village-Harijan Mohalla New Market Kanke, PO+PS Kanke, District-Ranchi, Jharkhand. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Sanat Kr. Jha, Addl.P.P. For the Informant : Mr. Nilesh Kumar, Advocate : Ms. Priyanka Agrawal, Advocate ------ Order No.06 Dated- 03/04/2025 I.A. No.3957 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 the instant anticipatory bail application. Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.7146 of 2024 Apprehending their arrest in connection with Kanke P.S. Case No.73 of 2024 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code, 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 were member of an unlawful assembly and in prosecution of the common object of the assembly, attempted to murder the informant and his family members. It is next submitted that the allegation against the petitioners is false. It is next submitted that there is an inordinate and unexplained delay of 5 days in lodging the FIR. It is next submitted that for the self-same occurrence, from the side of the petitioners, the wife of the petitioner no.2 has also lodged Kanke P.S. Case No.74 of 2024. It is next submitted that there was a free fight between the parties. It is then submitted that the petitioners had no intention to kill anybody. It is next submitted that there is land dispute between the parties. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant, victim or 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 opposes the prayer for anticipatory bail of the petitioners. 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.20,000/- 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., Ranchi in connection with Kanke P.S. Case No.73 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 numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant, victim or 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.) Abhiraj/