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2025 DAILYLAW 2960 (JHR)

NIRAJ KUMAR ALIAS NIRAJ KUMAR PANDIT v. THE STATE OF JHARKHAND

A.B.A./504/2025 · 2025-01-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.504 of 2025 ------ 1. Niraj Kumar @ Niraj Kumar Pandit son of Jay Prakash Pandit, aged about 25 years, resident of Basbariya, P.O.-Deoghar, P.S.- Deoghar Town, District-Deoghar (Jharkhand). 2. Pinku Kumar @ Pinku Kumar Pandit @ Pinku Pandit, son of Jay Prakash Pandit, aged about 35 years, resident of Chandih, P.O. - Deoghar, P.S.-Deoghar Town, District-Deoghar (Jharkhand). .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ashok Kumar, Advocate For the State : Mr. Mohua Palit, Addl.P.P. ------ Order No.02 Dated- 28/01/2025 Heard the parties. Apprehending their arrest in connection with Deoghar Town P.S. Case No.610 of 2024 instituted under 126(2), 115(2), 132, 109(1) & 3(5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons attempted to murder the informant Arun Paswan. It is submitted that the allegation against the petitioners is false. It is next submitted that there is direct and specific allegation against Pritam Kumar Arya of assaulting the informant, the injury sustained by the victim is simple in nature caused by hard and blunt substance. It is next submitted that the petitioner has no intention to kill anybody. Drawing attention of this Court towards para-13 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is also submitted that the petitioners 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. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Deoghar in connection with Deoghar Town P.S. Case No.610 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they 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.) Abhiraj/