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2025 DAILYLAW 7098 (JHR)

KISHOR PANDEY @ KISHOR PRASAD PANDEY v. THE STATE OF JHARKHAND

A.B.A./1708/2025 · 2025-03-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1708 of 2025 Kishore Pandey @ Kishore Prasad Pandey aged about 55 years, Son of Jaydeo Pandey, resident of Sector-3/E, P.O-Sector-3, P.S- B.S.City, District- Bokaro (Jharkhand) … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Brij Bihari Sinha , Adv. For the State : Mr. Arup Kr. Dey , Addl.. PP 02 / 20.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with B.S.City P.S. Case No. 209 of 2024 registered under Sections 126(2), 115(2), 109, 352, 351(2) and 79 read with 3(5) of BNS, 2023. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons, attempted to murder Kamlesh Pandey and his son. It is then submitted that the allegations against the petitioner are all false and for the self-same occurrence, from the side of the petitioner first, B.S.City P.S. Case No. 208 of 2024 was lodged and as a counterblast and as an afterthought, this false case has been instituted. It is further submitted by learned counsel for the petitioner that the petitioner had no intention to kill anyone and the informant is the co-brother of the petitioner. It is further submitted by learned counsel for the petitioner that the genesis of the occurrence is a petty quarrel between the children. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or disturb the informant or his family members in any manner during pendency of the case 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/- as cash security 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 JMFC, Bokaro in connection with B. S. City P.S. Case No. 209 of 2024 subject to the condition that the petitioner will not annoy or disturb the informant or his family members in any manner during 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/-