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2025 DAILYLAW 5530 (JHR)

BITTU KUMAR ALIAS SHUBHAM RAJ v. THE STATE OF JHARKHAND

A.B.A./1101/2025 · 2025-02-18

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1101 of 2025 ------ 1. Bittu Kumar @ Shubham Raj, aged about 24 years, son of Manoj Kumar, R/o –Qr. No. 1-061, Sector -2/D, P.O. – Head Post Office, P.S. –B.S. City, District –Bokaro (Jharkhand) 2. Suraj Kumar, aged about 26 years, son of Gauri Shankar Sah, R/o –Qr. No. 1-152, Sector –2/D, P.O. –Head Post Office, P.S. –B.S. City, District –Bokaro (Jharkhand) … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Vishal Srivastava, Advocate For the State : Ms. Susma Aind, Addl. P.P. ------ Order No.02 Dated- 18.02.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with B.S. City P.S. Case No.229 of 2024 registered under sections 126(2)/ 115(2)/118(1)/109/117(2)/303(2)/3(5) of the B.N.S., 2023. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons attempted to murder the informant. It is further submitted that the allegations against the petitioners are all false and the alleged injury sustained by the victim is simple in nature. It is next submitted that the petitioners have no intention to kill anybody and the alleged assault was by hard and blunt object. It is further submitted that the genesis of the occurrence was use of derogatory words. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in para-14 of the instant anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 13.02.2025, in A.B.A. No. 993 of 2025. Hence, it is submitted that the petitioners be also given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Bokaro, in connection with B.S. City P.S. Case No.229 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-