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2025 DAILYLAW 32364 (JHR)

VIVEK BHARTI v. THE STATE OF JHARKHAND

Cr.A(SJ)/665/2024 · 2025-12-08

Sanjay Prasad

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:36799 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No. 665 of 2024 Vivek Bharti, S/o Raghav Sharan Bharti, Aged about 30 years, R/o Kokar Chowk, P.S-Sadar, P.O-G.P.O, Dist-Ranchi, Jharkhand- 834001 …… Appellant Versus 1.The State of Jharkhand 2.Mangra Munda, S/o Late Sukhan Munda, R/o Village- Dumardaga, Booty, P.S-Sadar, Ranchi, P.O-Buti, Dist-Ranchi, Jharkhand-835217 ……. Respondent --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. Abhishek Kr. Sinha, Advocate For the State : Mrs. Vandana Bharti, APP ----------- 08/Dated:08th December, 2025 This Criminal Appeal has been filed on behalf of the appellant challenging the order dated 23.08.2024 passed by Sri Manish Ranjan, learned A.J.C II-cum-Special Judge SC/ST Act, Ranchi in connection with Sadar P.S. Case No.55 of 2024 instituted for the offences under Sections 147, 341, 323, 504, 506 of Indian Penal Code and under Section 3(i)(r)(s) of SC/ST (POA) Act by which the prayer for anticipatory bail has been rejected. 2. As per the FIR, it is alleged that the appellant along with his father Raghab Sharan Bharti @ Raghav Saran Bharti and his brother Kishun Kumar Bharti along with 30-35 boys are alleged to have abused the informant in the name of his caste and also assaulted him. 3. Heard, learned counsel for the appellant and learned counsel for the State. 4. Learned counsel for the appellant submitted that appellant is innocent and has committed no offence. It is submitted that co-accused Raghab Sharan Bharti @ Raghab Saran Bharti, who is the father of the appellant, has been granted anticipatory bail 2025:JHHC:36799 2 by the Co-ordinate Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court vide order dated 29.01.2025 in Criminal Appeal (SJ) No. 650 of 2024 and co-accused Kishun Kumar Bharti @ Nanhe Bharti has been granted anticipatory bail by this Court vide order dated 07.04.2025 in Criminal Appeal (SJ) No. 820 of 2024. It is submitted that the same and similar allegation has been levelled against the appellant and hence he may be enlarged on anticipatory bail. 5. Learned APP has opposed the prayer for anticipatory bail. It is submitted that there is direct allegation against the appellant for abusing the informant in the name of his caste and also assaulting him. It is submitted that the appellant along with 30 to 35 persons had arrived at the house of the informant and which is supported by the several witnesses whose statements have been recorded at paragraph 3 and 7 to 10, 16, 17, 20 and 21 of the case diary and hence the prayer for anticipatory bail may be rejected. 6. Perused the records of this case and the case diary submitted by the learned APP. 7. It appears that there is general and omnibus allegation against the appellant and other co-accused persons namely, Raghab Sharan Bharti @ Raghab Saran Bharti and Kishun Kumar Bharti @ Nanhe Bharti for abusing the informant in the name of his caste. 8. It appears that the co-accused Raghab Sharan Bharti @ Raghab Saran Bharti has been granted anticipatory bail by the Co-ordinate Bench (Hon’ble Mr. Justice Ambuj Nath) of this Court vide order dated 29.01.2025 in Criminal Appeal (SJ) No. 650 of 2024 and co-accused Kishun Kumar Bharti @ Nanhe Bharti has been granted anticipatory bail by this Court vide order dated 07.04.2025 in Criminal Appeal (SJ) No. 820 of 2025:JHHC:36799 3 2024. 9. Considering the facts and circumstances of this case and grant of anticipatory bail to other two co-accused namely, Raghab Sharan Bharti @ Raghab Saran Bharti and Kishun Kumar Bharti @ Nanhe Bharti, the appellant is directed to surrender before the learned Court below within a period of six (06) weeks form the date of this order and in the event of his arrest or surrender, the appellant namely, Vivek Bharti is directed to be released on bail on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of learned A.J.C II-cum-Special Judge SC/ST Act, Ranchi in connection with Sadar P.S. Case No.55 of 2024. 10. Under the circumstances, the order dated 23.08.2024 passed by Sri Manish Ranjan, learned A.J.C II-cum-Special Judge SC/ST Act, Ranchi in connection with Sadar P.S. Case No.55 of 2024, is set aside. 11. Thus, this Criminal Appeal (SJ) No. 665 of 2024 is allowed and stands disposed of. (Sanjay Prasad, J.) Dated: 08.12.2025 Saket/-