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2025 DAILYLAW 5802 (JHR)

RAJESH RAI v. THE STATE OF JHARKHAND

A.B.A./1088/2025 · 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.1088 of 2025 ------ 1. Rajesh Rai, aged about 50 years, Son of Late Bhola Rai, Resident of Village-Champatari, Nonihat, P.O.-Hansdiha, P.S.-Hansdiha, Dist.-Dumka 2. Birju Rai, aged about 47 years, Son of Puran Rai, Resident of Village-Chairbani, P.O.-Jarmundi, P.S.-Jarmundi, Dist.-Dumka .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Indua Shekhar Gupta, Advocate For the State : Mr. Someshwar Roy, Addl. P.P. ------ Order No.02 Dated- 18-02-2025 Heard the parties. Apprehending their arrest in connection with Hansdiha P.S. Case No.92 of 2024, involving the offences punishable under Sections 126(2), 115(2), 109 and 3(5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing 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 Bishu Mandal. It is next submitted that the genesis of the occurrence is the issue of clearing of the land. It is further submitted that for the selfsame occurrence, from the side of the petitioners Hansdiha P.S. Case No.93 of 2024 has been instituted. It is further submitted that the allegations against the petitioners are false. It is next submitted that there was land dispute between the parties. It is further submitted that there was free fight between the parties and petitioners had no intention to kill the informant/victim. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant/victim in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dumka in connection with Hansdiha P.S. Case No.92 of 2024 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Anil Kumar Choudhary, J.) Rohit/