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2025 DAILYLAW 30819 (JHR)

KUNJ BIHARI MISHRA ALIAS KUNJ BEHARI MISHRA ALIAS KUNJ BIHARI MISRA v. THE STATE OF JHARKHAND

A.B.A./184/2025 · 2025-01-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.184 of 2025 ------ 1. Kunj Bihari Mishra @ Kunj Behari Mishra @ Kunj Bihari Misra, aged about 43 years, son of Bhagirathi Mishra @ Bhagirtha Misra, Resident of Raja Colliery, P.O. and P.S.-Nirsa, District-Dhanbad. 2. Sona Mishra @ Tushar Kanti Mishra @ Sona Misra, aged about 40 years, son of Gopal Mishra @ Gopal Misra, Resident of Raja Colliery, P.O. and P.S.-Nirsa, District-Dhanbad. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. R.S. Mazumdar, Sr.Advocate For the State : Ms. Anuradha Sahay, Addl.P.P. ------ Order No.02 Dated- 20/01/2025 Heard the parties. Apprehending their arrest in connection with Nirsa P.S. Case No.248 of 2024 instituted under Sections 191(2), 115(2), 126(2), 303(2) & 308(4) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly being variously armed, assaulted the informant and snatched away Rs.12,350/- from his pocket and threatened that the informant has to pay 10% as ransom, otherwise, the informant would be killed. It is next submitted that for the self-same occurrence from the side of the petitioners, the petitioner no.1 has also instituted Nirsa P.S. Case No.249 of 2024 of assaulting by the informant and committing theft of Rs.19,000/- from the pocket of the petitioner no.1 and threatened at the point of pistol. It is next submitted that allegation against the petitioners is false. It is then submitted that the dispute between the parties is regarding using a JCB Machine by blocking the road connecting 12 villages including that of the petitioners. 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.20,000/- 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, Dhanbad in connection with Nirsa P.S. Case No.248 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 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/