BHOLA YADAV ALIAS JAI PRAKASH YADAV v. THE STATE OF JHARKHAND
A.B.A./9/2025 · 2025-01-08
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31776 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31776 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.09 of 2025
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Bhola Yadav @ Jai Prakash Yadav .... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Sabyasanchi, Advocate
For the State
: Mr. Shree Prakash Jha, Addl.P.P
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Order No.02 Dated- 08-01-2025
Heard the parties.
Apprehending his arrest in connection with Sahibganj (M) P.S. Case No.27 of 2022 instituted under Sections 147, 148, 149, 307 and 120B of the Indian Penal Code and Section 27/35 of the Arms Act, 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 member of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder the informant and members of his party by firing upon them. It is submitted that the allegation against the petitioner is false. It is next submitted that no injury has been sustained by anybody. Drawing attention of this Court towards para-15 of the instant bail application,
learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is then submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.03.2024 passed in A.B.A. No.248 of
2024. Drawing attention of this Court towards Annexure-2, learned counsel for the petitioner submits that the informant has submitted an application in the court of A.C.J.M., Sahibganj stating therein that because of misunderstanding, he has taken the name of the petitioner. 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 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., Sahibganj in connection with Sahibganj (M) P.S. Case No.27 of 2022 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 during the pendency of the case 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.) Animesh/