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2025 DAILYLAW 2841 (JHR)

KRISHNA YADAV ALIAS CHHOTU YADAV v. THE STATE OF JHARKHAND

A.B.A./138/2025 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 138 of 2025 Krishna Yadav @ Chhotu Yadav, aged about 20 years, son of Jay Prakash Yadav, resident of Holding No. 2, Block, Line No.-1, Namda Basti, Jamshedpur, P.O. and P.S. Golmuri, District-East Singhbhum … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. J.N. Upadhyay , Adv. Mr. Mayank Kumar , Adv. Mr. Rahul Kumar , Adv. For the State : Mr. Praful Jojo , Addl.PP 02 / 17.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Golmuri P.S. Case No.123 of 2024 registered under sections 126/ 127/ 115(2)/ 352/ 324/ 331/ 303(2)/ 351(3)/ 3(5) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons committed house trespass in the night and committed theft of gold chain and cash of Rs.2,300/- and also assaulted the informant, consequent upon the informant not willing to pay extortion amount of Rs.3,000/-. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 12 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 07.01.2025 passed in ABA no. 8027 of 2024, hence, it is submitted that the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 20,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Jamtara in connection with Golmuri P.S. Case No.123 of 2024 subject to the condition that the petitioner will co- operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-