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2025 DAILYLAW 6364 (JHR)

SUNNY KUMAR v. THE STATE OF JHARKHAND

A.B.A./1515/2025 · 2025-03-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1515 of 2025 1. Sunny Kumar Aged about 28 years S/O- Kishor Kumar Saw 2. Kishor Kumar Saw Aged about 58 Years S/O- Late Badrinath Saw Both the Resident of Tundi Road, near Balti Karkhana P.O- Giridih P.S- Giridih (M), Dist.-Giridih, Jharkhand … Petitioners Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Santosh Kumar , Adv. For the State : Mr. Naveen Kr. Gaunjhu , Addl.. PP For the informant : Mr. Sanket Kumar , Adv. 02 / 06.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Giridih (M) P.S. Case No. 378 of 2024 registered under Sections 191 (2), 190, 126 (2), 115 (2), 125, 329, 352, 49, 109 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was member of an unlawful assembly and in prosecution of the common object of the assembly, attempted to murder the informant and other persons. It is submitted that the allegation against the petitioner is false and general and omnibus in nature. It is next submitted that the allegation of assault upon the informant, is against Anju Devi and Anukul Saw. It is further submitted that victim alleged to be assaulted by the petitioner, has not sustained any injury. It is next submitted that from the side of the petitioner, the mother of the co-accused, Suraj Kumar Saw also lodged Giridih (M) P.S. Case No.379 of 2024. It is then submitted that there was a free fight between the parties and the petitioner had no intention to kill anybody. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and he will not annoy or disturb the informant, victim or any of their family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security and the co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 04.03.2025 passed in ABA no. 1452 of 2025, 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/- each as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Giridih in connection with Giridih (M) P.S. Case No. 378 of 2024 subject to the condition that the petitioner will not annoy or disturb the informant, victim or any of their family members in any manner during the 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.) Smita/-