Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8037 of 2024
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1. Jageshwar Darbey
2. Ramesh Darbey @ Ramesh Dabey @ Ramesh Kumar Darbey
3. Dinesh Darbey @ Dinesh Kumar Darbey
.... .... …. Petitioners
Versus
1. The State of Jharkhand
2. Janardan Tatwa
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Rahul Ranjan, Advocate
: Mr. Prashant Kr. Rai, Advocate
For the State
: Mr. Jitendra Pandey, Addl.P.P
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Order No.03 Dated- 07-01-2025
Heard the parties.
Apprehending their arrest in connection with Complaint P.C.R. Case No.2205 of 2024 instituted under Sections 323, 427, 504, 379, 34 of the Indian Penal Code, 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 have committed theft of wheat crops from the field of the complainant. It is submitted that the allegation against the petitioners is false. It is next submitted that there is an inordinate delay of 24 days in institution of the complaint. It is further submitted that this false case has been foisted because of land dispute going on between the parties. It is then submitted that the complainant was convicted in Sessions Case No.59 of 2006 for having committed the offences punishable under Section 436 of Indian Penal Code and has been sentenced to undergo imprisonment for 5 years besides being ordered to pay fine. As the said case was instituted by the cousin of the petitioner store harass the petitioner is false case has been foisted. It is next submitted that Title Suit No.23 of 2011 is also pending between the parties. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case. 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 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, Dumka in connection with Complaint P.C.R. Case No.2205 of 2024 with the condition that they will co-operate with the trial 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/