Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.707 of 2025
------ Birendra Murmu, Aged about 27 years, Son of Sanjay Murmu, Resident of Village Penk Manpur, P.O.- Penk, P.S.- Penk Narayanpur, District- Bokaro .... .... …. 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. Lukesh Kumar, Advocate
Md. Faiyaj Alam, Advocate
For the State
: Ms. Bandana Sinha, Addl. P.P
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Order No.02 Dated- 05-02-2025
Heard the parties.
Apprehending his arrest in connection with Gomia P.S. Case No.133 of 2019 corresponding to G.R. No.1177 of 2019 instituted under Sections 147, 148, 149, 448, 323, 379, 504, 506 of the Indian Penal Code, 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 being armed with deadly weapons committed theft of mobile phone from the victim and the petitioner was using the stolen mobile phone by inserting his own SIM Card and on the basis of the same, the petitioner has been implicated in this case. It is next submitted that the petitioner is not named in the F.I.R. It is further submitted that there is no specific allegation against the petitioner. It is next submitted that the petitioner found the mobile phone lying on the road and was using the same and he has no concern with the co-accused persons. Drawing attention of this Court towards para-18 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. 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 depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.- 1st Class, Bermo at Tenughat in connection with Gomia P.S. Case No.133 of 2019 corresponding to G.R. No.1177 of 2019 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 case and he will not question his identification by any of the witnesses in the trial on the ground that he was not put on proper T.I. Parade and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/