Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 6853 (JHR)

SURAJ KUMAR SAW ALIAS SURAJ KUMAR SAO v. THE STATE OF JHARKHAND

A.B.A./1452/2025 · 2025-03-04

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.1452 of 2025 ------ Suraj Kumar Saw @ Suraj Kumar Sao, aged about 28 years, son of Deepak Kumar Saw, resident of Tundi Road, P.O. Giridih, P.S. Giridih, Barwadih, District- Giridih, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Akshay Kumar, Advocate Ms. Vani Kumari, Advocate For the State : Mr. Tarun Kumar, Addl. P.P For the Informant : Mr. A. K. Sahani, Advocate Mr. Pankaj Verma, Advocate ------ Order No.02 Dated- 04-03-2025 Heard the parties. Apprehending his arrest in connection with Giridih (M) P.S. Case No.378 of 2024 instituted under Sections 191 (2), 190, 126 (2), 115 (2), 125, 329, 352, 49, 109 of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. 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 and the only allegation against the petitioner is that the petitioner assaulted Priya Kumari. It is further submitted that Priya Kumari has not sustained any injury. It is next submitted that from the side of the petitioner, the mother of the petitioner 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 also submitted that there is land dispute between the parties and Original (Partition) Suit No.159 of 2024 has been filed by the father of the petitioner against the informant. 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. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Giridih in connection with Giridih (M) P.S. Case No.378 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency 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 and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/