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2025 DAILYLAW 5669 (JHR)

SHANKAR ORAON @ SANKAR ORAON v. THE STATE OF JHARKHAND

A.B.A./1755/2025 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1755 of 2025 ------ Shankar Oraon @ Sankar Oraon, s/o Lebre Oraon, aged about 49 years, r/o Kaimbo, P.O.-Kaimbo, P.S.-Mandar, Dist.- Ranchi … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anurag Choudhary, Advocate : Mr. Abhishek Sharan, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl. P.P. ------ Order No.02 Dated- 21.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mandar P.S. Case No. 208 of 2022 registered under Sections 147/148/149/341/323/324/325/307/332/333/353/435/427/356/ 382 of the Indian Penal Code and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly and in prosecution of common object of the assembly, attempted to murder the informant police personnel as well as public servant – Binay Kr. Yadav and used criminal force against the police personnel, deterring him from discharging his duties. It is then submitted that the allegations against the petitioner are all false and no injury has been sustained by anybody. It is further submitted by learned counsel for the petitioner that the petitioner has been implicated in this case only because he was part of the alleged mob armed with different weapons. It is next submitted that the petitioner is ready to cooperate with the investigation of the case and also undertakes to furnish sufficient security including cash security and co-accused with similar allegations has already been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 14.11.2024 passed in ABA no. 6215 of 2024. It is further submitted by learned counsel for the petitioner that the petitioner 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 JM, Ranchi in connection with Mandar P.S. Case No. 208 of 2022 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.) Sonu/Gunjan-