KAPIL YADAV ALIAS KAPIL KUMAR YADAV v. THE STATE OF JHARKHAND
A.B.A./7863/2024 · 2025-01-07
Anil Kumar Choudhary
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 30219 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30219 (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.7863 of 2024 ------
1. Kapil Yadav @ Kapil Kumar Yadav
2. Masum Kumar @ Masum Yadav @ Raj Kumar Yadav
3. Sagar Singh .... .... …. Petitioners
Versus The State of Jharkhand .... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. S.P. Roy, Advocate Mr. Ranjit Kumar, Advocate
For the State : Mr. Sardhu Mahto, A.P.P ------
Order No.04 Dated- 07-01-2025 Heard the parties. Apprehending their arrest in connection with Dumka (M) P.S. Case No.104 of 2024 instituted under Sections 126(2)/115(2)/109/3(5) of the B.N.S. 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel for the petitioners does not want to press the anticipatory bail on behalf of the petitioner nos.1 and 3 namely Kapil Yadav @ Kapil Kumar Yadav and Sagar Singh respectively because they have been arrested in the meanwhile. Accordingly, the prayer for anticipatory bail of petitioner nos.1 and 3 is rejected as not pressed. So far as the petitioner no.2 Masum Kumar @ Masum Yadav @ Raj Kumar Yadav is concerned, it is submitted by the learned counsel for the petitioner that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused person attempted to murder of Niraj Kumar Mandal. It is next submitted that the petitioner has no intention to kill. The injury sustained by the alleged victim is simple in nature as is evident from the injury report. Drawing attention of this Court towards para-16 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 is ready and willing to co-operate with the investigation of the case and also undertakes that he will not disturb the informant or his family members in any manner 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 no.2 namely Masum Kumar @ Masum Yadav @ Raj Kumar Yadav.
Accordingly, the petitioner no.2 namely Masum Kumar @ Masum Yadav @ Raj Kumar Yadav 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 Chief Judicial Magistrate, Dumka in connection with Dumka (M) P.S. Case No.104 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 numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile numbers 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.) RKM/