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2025 DAILYLAW 8218 (JHR)

FUNAN BHARTI ALIAS PHUNAN BHARTI v. THE STATE OF JHARKHAND

A.B.A./1970/2025 · 2025-03-26

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1970 of 2025 ------ 1. Funan Bharti @ Phunan Bharti, Aged about 29 years, Son of Late Narayan Bharti, Resident of Village- Karudih, P.O. & P.S.- Pratappur, District- Chatra 2. Anil Chaudhary, Aged about 50 years, S/o Bigan Chaudhary, Resident of Village- Karudih, P.O. & P.S.- Pratappur, District- Chatra .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Ms. Sadhna Kumar, Advocate For the State : Mr. Gautam Rakesh, Addl.P.P ------ Order No.02 Dated- 26-03-2025 Heard the parties. Apprehending their arrest in connection with Pratappur P.S. Case No.127 of 2024 instituted for the offences punishable under Sections 191 (2), 191 (3), 190, 127 (2), 115 (2), 109 (1), 132, 121 (1), 326 (f), 326 (g), 309 (5), 61 (2) of the B.N.S., 2023 Section 3/4 of Prevention of Damage to Public Property Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly consequent upon the death of their villager in the road accident, used criminal force against the public servant- police personnel, in discharge of their duty and also attacked the doctor after the death of the patient. It is submitted that the allegation against the petitioners is false. It is further submitted that the petitioners have been implicated in this case only on the basis of suspicion. Drawing attention of this Court towards para-15 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is then submitted that the petitioners undertake that they will not indulge in any offence while on bail. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chatra in connection with Pratappur P.S. Case No.127 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not indulge in any offence while on bail and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/