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2025 DAILYLAW 5013 (JHR)

ASHOK YADAV v. THE STATE OF JHARKHAND

A.B.A./970/2025 · 2025-02-13

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.970 of 2025 ------ 1. Ashok Yadav, s/o Ram Kumar Gope, aged about 51 years, 2. Bholu Yadav @ Asutosh Kumar Ray, s/o Ashok Yadav, aged about 29 years 3. Om Prakash Yadav, s/o late Ram Babu Rai, aged about 32 years 4. Ajit Kumar @ Rudal Yadav, s/o Ram Singhasan Gope, aged about 45 years All r/o near Shiv Mandir, Angarpathra, PO & PS Katras, Dist. Dhanbad 5. Laxman Yadav, s/o late Dinanath Gope, aged about 48 years, r/o Mirganj, PO & PS Barhara, Dist. Bhojpur (bihar) .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Ms. Priya Shrestha, Spl.P.P ------ Order No.02 Dated- 13-02-2025 Heard the parties. Apprehending their arrest in connection with Katras (Angarpathra O.P) P.S. Case No.323 of 2024 instituted under Sections 115, 118(1), 352, 351(2), 351(3), 109, 324(2), 324(6) & 3(5) of BNS, 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 in furtherance of common intention with the co-accused attempted to murder the informant and Chandan Yadav. It has further been submitted that allegation against the petitioners is false. It is then submitted that the informant is the cousin brother of petitioner no.1 and the genesis of occurrence is a dispute regarding the land of the Hindu undivided family which has not yet been partitioned and which is situated at the native place of the parties in the district of Bhojpur, Bihar. It has further been submitted that allegation of assault is only by hard and blunt object and the petitioners had no intention to kill anybody. 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 and further undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. 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 cash security of Rs.25,000/- each 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 Sub-Divisional Judicial Magistrate, Dhanbad in connection with Katras (Angarpathra O.P) P.S. Case No.323 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further undertake that they will not annoy or disturb the informant 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.) Anjali/