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2025 DAILYLAW 31477 (JHR)

MAKHAYA BHUIYA ALIAS CHHOTU RAM ALIAS CHHOTU RAWANI v. THE STATE OF JHARKHAND

A.B.A./124/2025 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 124 of 2025 ------ Makhaya Bhuiye @ Chhotu Ram @ Chhotu Rawani, aged about 26 years, son of Dukhan Ram, resident of Village-Kankani 7 No., P.O.- Loyabad, P.S.-Loyabad, Dist.-Dhanbad (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ramchander Sahu, Advocate : Mr. Gautam Kumar, Advocate For the State : Mr. Praful Jojo, Addl. P.P. ------ Order No.02 Dated- 17.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Loyabad P.S. Case No.03 of 2024 registered under section 147/148/149/341/342/323/325/307/332/ 337/338/353/427/504/506 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being member of unlawful assembly and in prosecution of the common object of the assembly involved in rioting, consequent upon the death of a motorcycle rider in a road accident and used criminal force against the public servant deterring them in discharging their duties. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. It is lastly submitted that the co- accused person has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 25.11.2024 in A.B.A. No.6840 of 2024. Hence, it is submitted that the petitioner be also given the privileges 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 abovenamed petitioner be given the privileges 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, Dhanbad, in connection with Loyabad P.S. Case No.03 of 2024 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 Cards 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.) Abhiraj-