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2025 DAILYLAW 5852 (JHR)

VIJAY YADAV ALIAS BIJAY YADAV v. THE STATE OF JHARKHAND

A.B.A./1096/2025 · 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. 1096 of 2025 ------ Vijay Yadav @ Bijay Yadav, aged about 41 years, S/o – Dineshwar Yadav, R/o –Village –Salya, P.O. –Cherai, P.S. – Chattarpur, District – Palamau, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mr. Shiv Shankar Kr., Addl. P.P. ------ Order No.02 Dated- 18.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chhattarpur P.S. Case No.92 of 2022 registered under sections 341/ 147/148/323/379/353/504/506 of the Indian Penal Code and under Section 33 of the Indian Forest Act. 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 used criminal force against the public servant and committed theft of boulders. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-18 of the instant anticipatory bail application but it has been falsely mentioned in para -117 of the case diary that the petitioner was an accused in Chhattarpur P.S. Case No. 175 of 2019 even though the petitioner has no connection with the said case. 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. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by a coordinate bench of this Court vide order dated 07.12.2022, in A.B.A. No. 9590 of 2022. Hence, it is submitted that the petitioner 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 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.10,000/- 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, Palamau, in connection with Chhattarpur P.S. Case No.92 of 2022 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 subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-