GOPESHWAR MAHATO ALIAS GOPESH MAHATO v. THE STATE OF JHARKHAND
A.B.A./206/2025 · 2025-01-21
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2863 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2863 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 206 of 2025
------ Gopeshwar Mahto @ Gopesh Mahato, aged about 28 years, son of Late Chandra Mohan Mahato, resident of Vill. –Lawa, P.O. –Simagunda, P.S. –Nimdih, Dist.- Seraikella-Kharsawan, Jharkhand. … Petitioner
Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Ritesh Kumar Mahto, Advocate For the State
: Mr. Jitendra Pandey, Addl. P.P. ------
Order No.02 Dated- 21.01.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ichagarh P.S. Case No.62 of 2024 registered under sections 190/191(2)/191(3)/ 195/221/224/121(1)/132/109/301/3(5) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly and being armed with deadly weapons obstructed the highway up to 12 hours, consequent upon death of a person in a road accident by keeping the dead body of the deceased on the road and used criminal force against the police personnel by deterring them from discharging their duties and also assaulted the police personnel who were deployed in duty. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-14 of the instant 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 further undertakes that he will not indulge in any offence while on bail. Hence, it is submitted that the petitioner 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 abovenamed petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- 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 A.C.J.M. at Chandil, in connection with Ichagarh P.S. Case No.62 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not indulge in any offence while on bail and subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)
Sonu/Gunjan-