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2025 DAILYLAW 28029 (JHR)

BHOLI KUMAR v. THE STATE OF JHARKHAND

A.B.A./7780/2024 · 2025-01-03

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7780 of 2024 ------ 1. Bholi Kumar 2. Hira Kumar 3. Kundan Kumar 4. Kalicharan Kumar 5. Lakshman Kumar @ Lakshman 6. Kangress Darve 7. Babu Darve 8. Santosh Kumar 9. Maheshwar Kumar … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rahul Kumar, Advocate For the State : Mrs. Shweta Singh, Addl. P.P. ------ Order No.04 Dated- 03.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Saraiyahat P.S. Case No.81 of 2024 registered under sections 126(2)/ 127(2)/ 191(2)/ 191(3)/190/115(2)/109/118(2)/116 of the B.N.S., 2023. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were members of unlawful assembly and in prosecution of the common object of the assembly attempted to murder the informant and his two sons. It is further submitted that the allegations against the petitioners are all false and the allegation of assault with sword is specifically against Pradip Kumar who is not the petitioner in this case. It is next submitted that for the selfsame occurrence, from the side of the petitioners, Saraiyahat P.S. Case No. 82 of 2024 have also been registered and the informant party was the aggressor party. It is then submitted that the petitioners 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 any of his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. 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 above named petitioners 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, they shall be released on bail on depositing cash security of Rs. 10,000/- 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 J.M. 1st Class, Dumka, in connection with Saraiyahat P.S. Case No.81 of 2024 with the condition that the petitioners 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant or any of 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-