MANISH ALIAS MANISH KUMAR YADAV ALIAS DABLA YADAV v. THE STATE OF JHARKHAND
A.B.A./1907/2025 · 2025-03-27
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8481 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8481 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1907 of 2025
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1. Manish @ Manish Kumar Yadav @ Dabla Yadav, aged about 22 years, S/o Yogendra Yadav,
2. Birendra Yadav @ Birendra Kumar Yadav, aged about 25 years, S/o Sarju Yadav,
3. Manish Yadav @ Manish Kumar @ Manish Kumar Yadav, aged about 20 years, S/o Umesh Kumar Yadav,
4. Nitish Yadav @ Nitish Kumar, aged about 22 years, S/o Umesh Kumar Yadav, All R/o –Village –Kendua No. 4, Khatal, P.O. –Kusunda, P.S. –Kenduadih, Dist. –Dhanbad, Jharkhand.
… Petitioners
Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Raj Nandan Chatterjee, Advocate For the State
: Mrs. Vandana Bharti, Addl. P.P. ------
Order No.02 Dated- 27.03.2025
Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Kenduadih P.S. Case No.96 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 127(1), 333, 115(2), 352, 351(2), 109 & 74 of the B.N.S., 2023 and under Section 25(1-B)a, 26 & 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that the petitioner no.1 –Manish @ Manish Kumar Yadav @ Dabla Yadav, S/o – Yogendra Yadav and the petitioner no.4 –Nitish Yadav @ Nitish Kumar, S/o Umesh Kumar Yadav have been arrested, hence he does not press this anticipatory bail application on behalf of the petitioner nos. 1 & 4. Accordingly the prayer for grant of privilege of anticipatory bail of the petitioner no.1 –Manish @ Manish Kumar Yadav @ Dabla Yadav, S/o – Yogendra Yadav and the petitioner no.4 –Nitish Yadav @ Nitish Kumar, S/o Umesh Kumar Yadav is rejected as not pressed. So far as the petitioner nos. 2 & 3 are concerned, the learned counsel for the petitioner nos. 2 & 3 submits that the allegation against the petitioner nos. 2 & 3 is that the petitioners being the members of an unlawful assembly, attempted to murder the members of the informant
party by firing in the air. It is further submitted that the allegations against the petitioner nos. 2 & 3 are all false. It is next submitted that the matter has been settled between the parties and in this respect, the learned counsel for the petitioner nos. 2 & 3 draws the attention of this Court to annexure-2 at page nos. 21-23 of the brief; which is the copy of the certified copy of the affidavit filed by the informant, in the court of learned Sessions Judge, Dhanbad in A.B.P. No. 3656 of 2024. It is then submitted that the petitioner nos. 2 & 3 undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 05.02.2025, in A.B.A. No. 738 of 2025.
Hence, it is submitted that the petitioner nos. 2 & 3 be also given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. 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 nos. 2 & 3 be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.20,000/- each 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 Judicial Magistrate -1st Class, Dhanbad, in connection with Kenduadih P.S. Case No.96 of 2024 with the condition that the petitioner nos. 2 & 3 will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that they will not annoy or disturb the informant 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. Sonu/Gunjan-
(Anil Kumar Choudhary, J.)