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2025 DAILYLAW 4326 (JHR)

BALMIKI YADAV ALIAS HONDA v. THE STATE OF JHARKHAND

A.B.A./903/2025 · 2025-02-11

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.903 of 2025 ------ 1. Balmiki Yadav @ Honda 2. Sonu Khan aged about 27 years son of Guddu Khan both resident of Shivmandir, Sendra Bansjora No.12, P.O. Bansjora, P.S.- Loyabad, Dist.-Dhanbad .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Kalyan Banerjee, Advocate For the State : Ms. Ruby Pandey, Addl. P.P ------ Order No.02 Dated- 11-02-2025 Heard the parties. Apprehending their 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 Sections 147 / 148 / 149 / 341 / 342/ 323/325 / 307/ 332 / 337/ 338/ 353/ 427/ 504/506 of the Indian Penal Code. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners being member of unlawful assembly and in prosecution of the common object of the assembly, were 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 petitioners are all false. It is then submitted that the petitioners undertake 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 this Court vide order dated 17.01.2025 in A.B.A. No.124 of 2025. Hence, it is submitted that the petitioners 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 petitioners be given the privileges of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of his Aadhar Cards in the court below with the undertaking that they will not change their 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.) Rohit/