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2025 DAILYLAW 31071 (JHR)

BARNAWAS HAPADGARA ALIAS BARNABAS HAPADGARA ALIAS BARNBAS HAPADGRA v. THE STATE OF JHARKHAND

A.B.A./36/2025 · 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.36 of 2025 ------ 1. Barnawas Hapadgara @ Barnabas Hapadgara @ Barnbas Hapadgra aged about 22 years, son of Late Bani Hapadgara 2. Johan Hapadgara aged about 29 years son of Barnabas Hapadgara. 3. Thomas Hapadgara @ Toma Hapadgara aged about 28 years son of Barnabas Hapadgara All the petitioners are resident of Konseya, P.O. & P.S. Bandgaon, District- Singhbhum West .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mr. Satish Kumar Keshri, Addl.P.P. ------ Order No.02 Dated-20-01-2025 Heard the parties. Apprehending their arrest in connection with Bandgaon P.S. Case No.20 of 2024 instituted under Sections 115(2)/126(2)/117(2)/109/ 352/351(2) of the B.N.S., 2023 and Section 25(1-B)a/27/35 of the Arms Act, 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 abused and threatened the informant not to plough the land and assaulted the informant with butt of country-made pistol due to which injury was sustained by the informant. It is submitted that the allegation against the petitioners is false. It is next submitted that there is no allegation of firing by any fire arm against the petitioner. It is also submitted that the only allegation against the petitioner is that the victim was assaulted with the butt of the pistol and there is no document to show the nature of the injury. It is further submitted that the petitioners undertake that they will not annoy or disturb the complainant 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.10,000/- as cash security each 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 SDJM at West Singhbhum, Chakradharpur, Chaibasa in connection with Bandgaon P.S. Case No.20 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 complainant or any of her 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/