Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 29600 (JHR)

SURENDRA KUMAR PANDEY ALIAS SURENDRA PANDEY v. THE STATE OF JHARKHAND

A.B.A./8146/2024 · 2025-01-15

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8146 of 2024 ------ 1. Surendra Kumar Pandey @ Surendra Pandey, aged about 40 years, Son of Satyanarayan Pandey, 2. Sadanand Pandey, aged about 35 years, Son of Late Jagdish Pandey, 3. Sintu Pandey @ Situ Pandey, aged about 18 years, Son of Surendra Kumar Pandey @ Surendra Pandey. All are resident of village-Kurhobindo, P.O.-Kurhobindo, P.S.- Jamua, Dist.-Giridih. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Kamdeo Pandey, Advocate : Mr. Abhay Kishore, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl.P.P. For the Informant : Mr. Niraj Kr. Mishra, Advocate ------ Order No.02 Dated- 15/01/2025 Heard the parties. Apprehending their arrest in connection with Jamua (Nawdiha O.P.) P.S. Case No.177 of 2024 instituted under Sections 190, 191(2), 191(3), 115(2), 117(2), 109, 303(2) 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 were members of an unlawful assembly and in prosecution of common object of the assembly attempted to murder the informant and his son namely Sagar Kumar Singh by causing grievous injury on the head of Sagar Kumar Singh. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court to the FIR of Jamua (Nawdiha O.P.) P.S. Case No.178 of 2024, it is submitted by the learned counsel for the petitioner that the informant party was the aggressor, as Surendra Pandey first assaulted the petitioner no.3 with rod and in his defence and to save him, the other petitioners came to his rescue but an entirely different case has been made out in the FIR. It is next submitted that there is no rhyme or reason to justify the presence of the female members of the family of the petitioners at the place of occurrence or their assaulting the son of the informant subsequent to the demand of Rs.1,000/- as extortion. 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 J.M.-1st Class, Giridih in connection with Jamua (Nawdoha O.P.) P.S. Case No.177 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 Card with an undertaking that they will not change their mobile numbers 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/