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2025 DAILYLAW 6840 (JHR)

SOMITRO DAS v. THE STATE OF JHARKHAND

A.B.A./1396/2025 · 2025-03-03

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1396 of 2025 ------ Somitro Das, age about 34 years, S/o Sanjay Das, R/o Village –Nandipara, P.O. Pakur, P.S. Pakur (T), District –Pakur (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Yasir Arafat, Advocate : Mr. Mahesh Tewari, Advocate For the State : Mr. Sanat Kr. Jha, Addl. P.P. ------ Order No.02 Dated- 03.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pakur Town P.S. Case No.317 of 2024 registered for the offences punishable under sections 109/3(5) of the B.N.S., 2023 and under Section 27 of the Arms Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons attempted to murder the informant. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is next submitted that the only allegation of firing from firearm is against the co-accused –Devraj Sarkar and there is no allegation against the petitioner of indulging in any overt act except that he was present at the place along with the co-accused. 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.25,000/- 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 C.J.M., Pakur, in connection with Pakur Town P.S. Case No.317 of 2024 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-