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2025 DAILYLAW 30686 (JHR)

MATHURA THAKUR v. THE STATE OF JHARKHAND

A.B.A./406/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.406 of 2025 ------ 1. Mathura Thakur aged about 62 years son of Bhatu Thakur 2. Ravindra Thakur aged about 32 years son of Mathura Thakur 3. Subhas Kumar Thakur aged about 30 years son of Mathura Thakur 4. Pintu Thakur @ Mintu Thakur aged about 28 years son of Mathura Thakur 5. Barhamdeo Thakur aged about 60 years son of late Bhatu Thakur 6. Lalu Thakur @ Jitendra Thakur @ Jitendra Sharma aged about 36 years son of Barhamdeo Thakur All residents of Village- Gando, P.O.- Kharagdiha, P.S.- Jamua, District- Giridih .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Shree Nivas Roy, Advocate For the State : Mr. Santosh Kr. Shukla, Addl.P.P. ------ Order No.02 Dated-24-01-2025 Heard the parties. Apprehending their arrest in connection with Jamua P.S. Case No.52 of 2024 instituted under Sections 147/148/149/307/323/324/341/342/354B/ 379/506/34 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 along with the co- accused persons being the members of an unlawful assembly, in prosecution of common object of the assembly, attempted to murder Rekha Devi, Gouri Devi and Sangita Devi and snatched away Rs.25,000/- and silver chain. It is submitted that the allegation against the petitioners is false. Drawing attention of this court towards para-27 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that the genesis of occurrence is a land dispute, the decree of which has been passed in favour of the petitioners vide judgment dated 31.08.2019 passed by the Additional Munsif-I, Civil Court, Giridih in Title Suit No.83 of 2009. It is also submitted that for the self-same occurrence, the wife of the petitioner No.4 has lodged Jamua P.S. Case No.53 of 2024. It is further submitted that the injury sustained by the victim are simple in nature and the petitioners have no intention to kill anybody. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant, victim or any of their 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Giridih in connection with Jamua P.S. Case No.52 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, victim or any of their 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.) Saroj/