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2025 DAILYLAW 8219 (JHR)

AMIT SHARMA ALIAS AMIT KUMAR SHARMA v. THE STATE OF JHARKHAND

A.B.A./1791/2025 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1791 of 2025 1. Amit Sharma @ Amit Kumar Sharma, aged about 19 years, son of Mahendra Hazam, resident of Village Chittardih, P.O. Chittardih, P.S. Jamua, District-Giridih, Jharkhand. 2. Bahadur Hazam @ Bahadur Hjam, aged about 35, son of Ugan Hazam @ Ugan Hjam, resident of Village- Karodih, Chittardih, P.O. Chittardih, P.S.-Jamua, District-Giridih, Jharkhand. … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Pran Pranay , Adv. For the State : Mr. Rakesh Kr. Sinha , Addl. PP 02 / 21.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jamua P.S. Case No. 227 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 127(1), 115(2), 118(1), 109, 303(2), 351(2), 352 of B.N.S., 2023.. 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 being armed with deadly weapon, attempted to murder the members of the informant party. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioners that for the self-same occurrence, from the side of the petitioners, the brother of the petitioner no. 2 lodged Jamua P.S. Case No. 228 of 2024 and the alleged injuries are simple in nature. It is further submitted by learned counsel for the petitioner that there was free fight between the parties and petitioner had no intention to kill anybody. 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 undertake not to annoy or disturb the informant or any of his family members in any manner during pendency of the case hence, the petitioners 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 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 J.M. 1st Class, Giridih in connection with Jamua P.S. Case No. 227 of 2024 subject to the condition that the petitioners will not annoy or disturb the informant or any of 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/-