CHHOTI LAL YADAV ALIAS CHHOTILAL YADAV ALIAS CHHOTELAL YADAV v. THE STATE OF JHARKHAND
A.B.A./1705/2025 · 2025-03-12
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7463 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7463 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1705 of 2025
1. Chhoti Lal Yadav @ Chhotilal Yadav @ Chhotelal Yadav, Aged about 44 years, S/o Late Sukar Yadav;
2. Chetlal Yadav, Aged about 37 years, S/o Bhuneshwar Yadav; Both are R/o Village Chandgarh, P.O. Bedokala, P.S. -Barkatha, District Hazaribagh
… Petitioners
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Lukesh Kumar , Adv. For the State : Mr. Suhdir Kr. Mahto , Addl.. PP
02 / 12.03.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Barkatha P.S. Case No.57 of 2023 instituted under Sections 147, 148, 149, 323, 379, 324, 307, 448, 427, 504, 506 and 509, of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that petitioners were the members of an unlawful assembly, being armed with deadly weapons, attempted to murder of the informant and committed theft of Rs.7000/-. It is next submitted that the allegations against the petitioners are false. It is then submitted that the informant party was the aggressor party and for the self-same occurrence, from the side of the petitioners, Barkatha P.S. Case No.56 of 2023 was instituted and as an afterthought as well as, counter blast this false case has been foisted. It is further submitted that there is land dispute between the parties. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and they also undertake not to annoy or disturb the informant or his family member in any
manner during pendency of the case. It is further submitted by learned counsel for the petitioners that the co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 21.02.2025 passed in ABA no. 1226 of 2025, hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this
order, the petitioners 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 JMFC, Hazaribagh in connection with Barkatha P.S. Case No.57 of 2023 subject to the condition that the petitioner will not annoy or disturb the informant of his family member 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/-