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2025 DAILYLAW 30271 (JHR)

MD MISTER ALIAS MD MISTER MIVAN v. THE STATE OF JHARKHAND

A.B.A./8029/2024 · 2025-01-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8029 of 2024 ------ Md. Mister @ Md. Mister Mivan … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nandan Prasad, Advocate For the State : Mr. Tarun Kumar, Addl. P.P. ------ Order No.03 Dated- 07.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bariyatu P.S. Case No.53 of 2024 registered under sections 303 (2) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed theft of cow of the informant which has been recovered from the co-accused person. It is further submitted that the allegations against the petitioner are all false and nothing has been recovered from the possession of the petitioner. It is then submitted that the petitioner is also involved in three other cases as mentioned in paragraph no.3 of the supplementary affidavit. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that the petitioner is a habitual offender and the custodial interrogation of the petitioner is required during the investigation of the case to find out the sequence of the offence committed by him and the network. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail. Considering the serious nature of allegation against the petitioner and the criminal antecedents of the petitioner as the requirement of custodial interrogation of the petitioner during the investigation of the case, this Court is not inclined to give the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of privilege of anticipatory bail to the petitioner is rejected. (Anil Kumar Choudhary, J.) Sonu/Gunjan-