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2025 DAILYLAW 7914 (JHR)

SHYAM SAW ALIAS SHYAM KUMAR SAW v. THE STATE OF JHARKHAND

A.B.A./1633/2025 · 2025-03-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1633 of 2025 ------ Shyam Saw @ Shyam Kumar Saw, aged about 18 years, s/o Munna Saw, r/o village Koiriband, near Tina Godown, PO+PS Jharia, Dist. Dhanbad .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : Mr. Pankaj Kr. Mishra, APP ------ Order No.02 Dated- 17-03-2025 Heard the parties. Apprehending his arrest in connection with Jharia P.S. Case No. 299 of 2024 instituted for the offences punishable under Sections 127(1)), 127(2), 109/3(5) of BNS, the petitioner has moved this Court for grant of privileges of anticipatory bail. 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 next submitted that the allegations against the petitioner are all false and the genesis of the occurrence is a quarrel between the children of the parties. It is further submitted that the alleged injury sustained by the victim is simple in nature. It is next submitted that the petitioner had no intention to kill anybody. It is also submitted that the similarly situated co-accused persons have been given the privilege of anticipatory bail by this Court vide order dated 18.02.2025 passed in A.B.A No. 1102 of 2025. 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 he 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. -2- Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 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. 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 cash security of Rs.10,000/- 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 ACJM, Dhanbad in connection with Jharia P.S. Case No. 299 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 their Aadhar Card in the court below with the undertaking that he will not change their mobile number during the pendency of the case and he will not annoy or disturb the informant or any of 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.) Anjali/