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2025 DAILYLAW 5520 (JHR)

AMIT KUMAR GAUTAM v. THE STATE OF JHARKHAND

A.B.A./1591/2025 · 2025-03-10

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1591 of 2025 Amit Kumar Gautam, aged about 20 years, son of Birendra Kumar Singh, resident of Near ITI Murli Pull, 207, Surya Nagar, Lalganj, P.O. & P.S. Tatisilway, District - Ranchi. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Rahul Kumar , Adv. For the State : Mr. Tarun Kumar , Addl.. PP 02 / 10.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kolebira P.S. Case No. 27 of 2023 registered under Sections 302, 201, 34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the holder of a mobile number who was in touch with the co-accused persons, who were involved in commission of murder of Ravi Kumar. It is then submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR nor the co-accused persons, whose confessional statement has been recorded by the police, namely Guria Kumari, Raunak Kumar Upadhyay, Piyush Kumar Singh and Ashuthosh Kumar Sahu, have taken the name of the petitioner rather they have categorically stated that they themselves have committed murder of Ravi Kumar and except that alleged mobile number belongs to the father of the petitioner; there is no other material to implicate the petitioner in this case. It is further submitted by learned counsel for the petitioner that the petitioner is the student of Sarla Birla University where the co-accused Ashutosh Kumar Sahu was also studying but the said Ashutosh Kumar Sahu has not implicated the petitioner in this case, in any manner. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. 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. 10,000/- 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, Simdega in connection with Kolebira P.S. Case No. 27 of 2023 subject to the condition that the petitioner will not annoy or disturb the informant 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/-