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2025 DAILYLAW 29320 (JHR)

RAUSHAN KUMAR ALIAS RAUSHAN SONI v. THE STATE OF JHARKHAND

A.B.A./7760/2024 · 2025-01-02

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7760 of 2024 ------ Raushan Kumar @ Raushan Soni .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Manoj Kr. No.2, Advocate For the State : Mr. Sudhir Kr. Mahto, Addl.P.P ------ Order No.04 Dated- 02-01-2025 Heard the parties. Apprehending his arrest in connection with Chandwara P.S. Case No.61 of 2024 instituted under Sections 127 (2), 118 (1), 123, 352/3 (5) 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, in furtherance of common intention with the co-accused persons, wrongfully confined the informant, voluntarily caused hurt by dangerous weapons and means and caused hurt by means of poison with intent to do an offence and insulted the informant intending to provoke breach of peace. It is submitted that the allegation against the petitioner is false. It is further submitted that there is inordinate delay of 10 days in lodging the F.I.R. It is also submitted that the informant has departed from the contents of the F.I.R. in his re-statement before the police by absolving the co-accused Naresh Kumar. 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 lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security and will not annoy or disturb, the informant during the pendency of the case. 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.10,000/- 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 J.M.- 1st Class, Koderma in connection with Chandwara P.S. Case No.61 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 will not annoy or disturb, the informant 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.) Animesh/