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2025 DAILYLAW 4544 (JHR)

BHOLA MAHTO ALIAS BHOLA PD. DANGI v. THE STATE OF JHARKHAND

A.B.A./921/2025 · 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.921 of 2025 ------ 1. Bhola Mahto @ Bhola Pd. Dangi aged about 42 years, Son of Lt. Thakur Mahto, 2. Kiran Kumari aged about 37 years, Wife of Bhola Pd. Dangi, Both are Resident of Village- Sonpura, P.O. + P.S.- Barkagaon, District- Hazaribag. 3. Sitaram Rana aged about 47 years, Son of Hendlal Rana, 4. Chhatrdhari Rana aged about 48 years, Son of Yogeshwar Rana, 5. Ramchandra Mahto @ Ramchandar Mahto, aged about 45 years, Son of Chhedi Mahto, 6. Rohit Rana aged about 41 years, Son of Badhan Rana, 7. Dwarika Mahto aged about 52 years, Son of Shiva Mahto, 8. Anand Mahto @ Anand Kumar aged about 24 years, Son of Basudev Mahto, 9. Jugal Kishor Mahto @ Jugal Mahto aged about 56 years, S/O Ganpat Mahto, 10. Ranjit Thakur aged about 35 years, Son of Ram Keshar Thakur, 11. Prem Rana aged about 49 years, S/O Lt. Badhan Rana, 12. Ramesh Mahto aged about 41 years, Son of Lt. Banshi Mahto, 13. Chand Mahto @ Chandar Mahto aged about 43 years Son of Devki Mahto, All are resident of Village- Mahudi, P.O. + P.S.- Barkagaon, District- Hazaribag. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ashok Kumar Singh, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P ------ Order No.02 Dated-11-02-2025 Heard the parties. Apprehending their arrest in connection with Barkagaon P.S. Case No.193 of 2024 instituted under Section 189(2)/189(3)/126/132/195/196/ 299/191(2)/ 190/223/115(2)/121/109 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 common object of the said assembly were involved in use of criminal force to deter public servants from discharging their duties promoting enmity between different groups on the ground of religion indulging in deliberate and malicious act, in order to outrage the religious feeling of different classes by insulting their religion and religious beliefs, attempted to murder the victims voluntarily and caused hurt to them. It is submitted that the allegations against the petitioners are all false and general and omnibus in nature. It is next submitted that no injury has been sustained by anybody. It is then submitted that there is no specific allegation of any particular role played by any of the petitioners. It is then submitted that this false has been foisted against the petitioners to harass them. It is further submitted that the petitioners undertake that they will not annoy or disturb the religious feeling of any class of citizens. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Spl.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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Hazaribag in connection with Barkagaon P.S. Case No.193 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 religious feeling of any class of citizens and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Saroj/ (Anil Kumar Choudhary, J.)