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2025 DAILYLAW 30841 (JHR)

DIL MOHAMMAD ALIAS MOHAMMAD MIYAN v. STATE OF JHARKHAND

A.B.A./196/2025 · 2025-01-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.196 of 2025 ------ Dil Mohammad @ Dil Mohammad Miya, Aged about 56 Years, Son of Md. Ali Husen @ Ali Husen, Resident of Village-Lahiya, Bhandra, P.O.-Narayanpur, P.S.-Penk Narayanpur, District-Bokaro, Jharkhand (PIN-829107). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Aditya Banerjee, Advocate For the State : Mr. Sanjay Kr. Srivastava, Addl.P.P. ------ Order No.02 Dated- 21/01/2025 Heard the parties. Apprehending his arrest in connection with Penk Narayanpur P.S. Case No.32 of 2024 instituted under Sections 190/191/74/115/117/109 of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was a member of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder the informant causing simple injury. It is next submitted that the allegation against the petitioner is false. It is next submitted that there is no specific allegation against the petitioner. It is then submitted that there was a free-fight between the parties, the petitioner has also sustained injury and lodged Penk Narayanpur P.S. Case No.43 of 2024. It is next submitted that the petitioner has no intention to kill or outrage the modesty of the informant. It is next submitted that the petitioner and the informant belong to the same family and the occurrence took place at the heat of the moment because of the land dispute and regarding throwing of garbage. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para- 27 of this anticipatory bail application. It is next submitted that the co- accused persons have already been given the privileges of anticipatory bail by a coordinate Bench of this Court vide order dated 29.10.2024 in A.B.A. No.7020 of 2024. It is also submitted that the petitioner undertakes that he 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 petitioner undertakes to co-operate with the investigation 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. Accordingly, the petitioner 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 cash security of Rs.10,000/- 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 A.C.J.M., Bermo at Tenughat in connection with Penk Narayanpur P.S. Case No.32 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 number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number and he 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/