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2025 DAILYLAW 30877 (JHR)

LAB KUMAR ALIAS LOVE KUMAR CHOUBEY ALIAS LOVE KR. CHOUBEY v. THE STATE OF JHARKHAND

A.B.A./8130/2024 · 2025-01-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8130 of 2024 ------ Lab Kumar @ Love Kumar Choubey @ Love Kr. Choubey, aged about 26 years, son of Panchanand Choubey, resident of Village-Mahubana, P.O. & P.S.-Maheshpur, Dist.-Pakur … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mrs. Jasvindar Mazumdar, Advocate : Mr. Nishant Kr. Roy, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. P.P. ------ Order No.02 Dated- 10.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gopikandar P.S. Case No.27 of 2023 (G.R. No. 773 of 2023) registered under sections 394 of the Indian Penal Code. The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed robbery and voluntarily caused hurt to the victims. It is further submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR and the petitioner has been implicated in this case only on the basis of the confessional statement of the co-accused persons. Drawing attention of this Court to the judgment dated 06.09.2024 passed by the learned Judicial Magistrate 1st Class, Dumka in G.R. Case No. 773 of 2023 in which the co-accused persons has faced the trial, it is submitted by the learned Senior Advocate appearing for the petitioner that therein the informant-victim was examined as P.W.1 and he has categorically stated that because of darkness he could not identify persons who looted the money from him and he could not see them. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 18 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dumka, in connection with Gopikandar P.S. Case No.27 of 2023 (G.R. No. 773 of 2023) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 . (Anil Kumar Choudhary, J.) Sonu/Gunjan-