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2025 DAILYLAW 3399 (JHR)

BUDHI SAH v. THE STATE OF JHARKHAND

A.B.A./543/2025 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.543 of 2025 ------ 1. Budhi Sah, aged about-46 years Son of Late Rambrish Sah 2. Pramod Gupta, aged about-27 years Son of Budhi Sah, Both Resident of Village-Pachadumar Tola, P.O.-Ghanghar Dih, P.S.-Ketar, District-Garhwa. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Amit Kr. Choubey, Advocate For the State : Mr. Sudhir Kumar Mahto, Addl.P.P. ------ Order No.02 Dated- 27/01/2025 Heard the parties. Apprehending their arrest in connection with Ketar P.S. Case No.77 of 2024 instituted under Sections 191 (2), 191 (3), 190, 126 (2), 115 (2), 117 (2), 109, 352, 351 (2) of the B.N.S., 2023, 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 were members of an unlawful assembly and in prosecution of the common object of the assembly indulged in rioting, armed with deadly weapons and attempted to murder the informant and his nephew Rakesh Kumar. It is submitted that the allegation against the petitioners is false. It is next submitted that the injury sustained by the informant is simple in nature as mentioned in the rejection order of the A.B.P. no.107 of 2024 dated 10.12.2024 filed in this case and the injury sustained by Rakesh Kumar was on his ankle which is not a vital part of the body. It is next submitted that the petitioner has no intention to kill anybody. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no.11 of the anticipatory bail application. It is also submitted that the petitioners undertake that they 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 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.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Nagar Untari, Garhwa in connection with Ketar P.S. Case No.77 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 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.) Abhiraj/