GUDDU YADAV ALIAS MANOHAR YADAV v. THE STATE OF JHARKHAND
A.B.A./1327/2025 · 2025-02-25
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5376 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5376 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1327 of 2025
Guddu Yadav @Manohar Yadav, aged about 26 years, Son of Rameshwar Yadav, Resident of Village-Gamtariya, P.O. & P.S. Bengabad, Dist.-Giridih.
… Petitioner
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Kamdeo Pandey , Adv. For the State : Mr. Shree Prakash Jha , Addl. PP For the informant : Mr. Ram Lakhan Yadav , Adv.
02 / 25.02.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bengabad P.S. Case No. 116 of 2024 registered under Sections 126 (2), 115 (2), 118 (1), 109 (1), 351 (2), 3 (5) of the BNS, 2023.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons, attempted to commit murder of Umesh Yadav by assaulting on his head with sword causing grievous injury to him. It is then submitted that the allegations against the petitioner are all false and the independent witnesses have stated that Umesh Yadav went to the house of the petitioner and abused wife of the elder brother of the petitioner with ulterior motive and thereafter, there was scuffle because of land dispute between the parties and in the heat of the moment, the occurrence took place but the petitioner had no intention of kill anyone. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and undertakes to furnish sufficient security including cash security and also undertakes not to annoy or disturb the informant or his family members in any manner
during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner. It is submitted by learned counsel for the informant that Umesh Yadav has been admitted in RIMS, Ranchi, hence, is submitted that the petitioner ought not be given the privilege of anticipatory bail. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this
order, the petitioner. shall be released on bail on depositing Rs. 20,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Giridih in connection with Bengabad P.S. Case No. 116 of 2024 subject to the condition that the petitioner will not annoy or disturb the informant or his family members in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.
(ANIL KUMAR CHOUDHARY, J.) Smita/-