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2025 DAILYLAW 6174 (JHR)

KAPIL YADAV v. THE STATE OF JHARKHAND

A.B.A./1379/2025 · 2025-03-03

Anil Kumar Choudhary

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1379 of 2025 ------ 1. Kapil Yadav aged about 36 years, S/o Upendra Yadav, Resident of Village-Fasiya Tikar, P.O. + P.S.-Mahagama, Dist.-Godda 2. Manoj Yadav aged about 39 Years, S/o Lakhan Yadav Resident of Village-Fasiya Tikar, P.O. + P.S.-Mahagama, Dist.-Godda 3. Chhatu Ravidas @ Chhattu Ravidas aged about 50 years, S/o Parmeshwar Ravidas, Resident of Village-Sahpur, Beldiha, P.O. + P.S.-Mahagama, Dist.-Godda 4. Dinesh Ravidas aged about 46 Years, S/o Parmeshwar Ravidas, Resident of Village-Sahpur, Beldiha, P.O. + P.S.-Mahagama, Dist.- Godda 5. Brahmi Yadav @ Brahmdeo aged about 35 Years, S/o Late Mahesh Yadav, Resident of Village-Sahpur, Beldiha, P.O. + P.S.- Mahagama, Dist.-Godda 6. Laloo Yadav aged about 32 years, S/o Naresh Yadav, resident of Village-Sahpur, Beldiha, P.O. + P.S. Mahagama, Dist.-Godda 7. Sunil Ravidas aged about 47 Years, S/o Late Ganesh Ravidas, Resident of Village-Sahpur, Beldiha, P.O. + P.S.-Mahagama, Dist.- Godda .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. S. P. Roy, Advocate For the State : Mr. Rajneesh Vardhan, Addl. P.P ------ Order No.02 Dated- 03-03-2025 Heard the parties. Apprehending their arrest in connection with Mahagama P.S. Case No.49 of 2024 instituted under Sections 147, 148, 149, 323, 341, 342, 307, 332, 333, 353 of the I.P.C, 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 were member of an unlawful assembly and in prosecution of common object of the assembly; used criminal force against the public servant police personnel, deterring them from discharging their duties, consequent upon a road accident involving an Auto rickshaw and a tractor resulting in death of a person and also indulged in pelting bricks and stones; causing injuries to the police personnel. It is next submitted that the allegations against the petitioners are false. Drawing attention of this Court towards para-13 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is further submitted that due to village politics, petitioners have been implicated in this 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 Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.49 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 they will not change their mobile number 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/