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2025 DAILYLAW 8145 (JHR)

BALRAM KUMAR ALIAS BALRAM MEHTA v. THE STATE OF JHARKHAND

Cr.A(SJ)/310/2025 · 2025-07-28

Gautam Kumar Choudhary

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Judgment text

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2025:JHHC:20754 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No.310 of 2025 ------ Balram Kumar @ Balram Mehta, son of Kedar Mehta, resident of Village Simariya, P.O. Masnodih, P.S. Domchanch, District Koderma .... .... …. Appellant Versus 1. The State of Jharkhand 2. Bilshi Devi, wife of Lilo Das, resident of Village Simariya, P.O. Simariya, P.O. Masnodih, P.S. Domchanch, District Koderma .... .... .... Respondent CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant : Mr. Randhir Kumar, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P.P. ------ Order No.12 Dated : 28.07.2025 I.A. No.4303 of 2025 Heard learned counsel in I.A. No.4303 of 2025 which has been filed under Section 5 of the Limitation Act for condonation of delay of 151 days. Considering the grounds taken, delay in filing the criminal revision, is condoned. I.A. No.4303 of 2025 is allowed. Cr. Appeal (S.J.) No.310 of 2025 This appeal is directed against the order dated 09.07.2024, passed by the learned Additional Sessions Judge-1, Koderma in A.B.P No. 439 of 2024 arising out of Koderma SC/ST P.S. Case No. 07 of 2024 registered under Sections 147, 149, 323, 341, 448, 354, 379, 504 and 506 of the Indian Penal Code and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby and wherein, the learned Additional Sessions Judge-1, Koderma rejected the anticipatory bail application of the appellant. It is alleged that appellant along with co-accused persons had assaulted the informant party and also abused them by their caste name. Learned counsel for the appellant submitted that there is general and omnibus allegation against all the accused persons. It was further submitted that occurrence has taken place due to the land dispute and as many as 15 persons have been made accused in this case. Mr. Rakesh Kumar Sinha, learned A.P.P submitted that there is no specific allegation against the appellant. 2025:JHHC:20754 In view of the submissions made above, I am inclined to extend the privilege of anticipatory bail to the appellant. Accordingly, appellant, above named, is directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail 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 Additional Sessions Judge-1, Koderma in connection with Koderma SC/ST P.S. Case No. 07 of 2024, subject to the conditions as laid down under section 482(2) of the B.N.S.S., 2023. This appeal is allowed and the order dated 09.07.2024 passed in A.B.P. No. 439 of 2024 is set aside. (Gautam Kumar Choudhary, J.) Anit