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2025 DAILYLAW 5682 (JHR)

MAHENDRA SINGH v. THE STATE OF JHARKHAND

A.B.A./1564/2025 · 2025-03-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1564 of 2025 ------ Mahendra Singh, aged about 32 years, son of Jyotish Singh, Resident of Village –Kargali Kalan, P.O. & P.S. –Dhanwar, District –Gridih. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sumir Prasad, Advocate : Mr. Shreeniwas Roy, Advocate For the State : Mr. Jitendra Pandey, Addl. P.P. ------ Order No.02 Dated- 07.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dhanwar P.S. Case No.188 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 & 506 of the Indian Penal Code. The Learned counsel 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 informant. It is further submitted that the allegations against the petitioner are all false and for the selfsame occurrence from the side of the petitioner, Dhanwar P.S. Case No. 187 of 2023 was first instituted and as a counter blast, this false case has been foisted. It is next submitted that there was a free fight between the parties and the informant has no intention to kill anybody. It is further submitted that the entire family members of the petitioner has been implicated in this case, only to harass them. It is next submitted that both the parties are agnates and next door neighbours and there is admitted old enmity between the parties due to land dispute. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant or his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner be 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.20,000/- 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 Judicial Magistrate -1st Class, Giridih, in connection with Dhanwar P.S. Case No.188 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he 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-