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2025 DAILYLAW 29148 (JHR)

BINOD BHUIYA @ BINOD BHUIYAN v. THE STATE OF JHARKHAND

A.B.A./8080/2024 · 2025-01-09

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8080 of 2024 ------ Binod Bhuiya @ Binod Bhuiyan .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mahavir Pd. Sinha, Advocate Mr. Santosh Kumar Jha, Advocate For the State : Mr. Sunil Kumar Dubey, Addl.P.P ------ Order No.02 Dated- 09-01-2025 Heard the parties. Apprehending his arrest in connection with Katras P.S. Case No.188 of 2024 instituted under Sections 190/191(2)/126(2)/109(1)/115(2) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner, being a member of an unlawful assembly, in prosecution of the common object of the assembly, attempted to murder the son of the informant. It is next submitted that the allegation against the petitioner is false. It is also submitted that no sharp cutting weapon was used in assault and the injuries sustained by the victim is on his abdomen which is not a vital part of the body. It is further submitted that the petitioner had no intention to kill anybody. Drawing attention of this Court towards para-10 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informants or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Dhanbad in connection with Katras P.S. Case No.188 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant or any of his 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.) Saroj/