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2025 DAILYLAW 9012 (JHR)

HARI OM KUMAR v. THE STATE OF JHARKHAND

A.B.A./2283/2025 · 2025-04-09

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:11011 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2283 of 2025 ------ Hari Om Kumar, aged about 24 years Son of- Lala Mahto, Resident of Ward No.6, Village- Jata, P.O.- Kalyanpur, P.S- Garhwa, District- Garhwa, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhary Kr. Chaturvedy, Advocate For the State : Mr. Arup Kr. Dey, Addl.P.P ------ Order No.02 Dated-09-04-2025 Heard the parties. Apprehending his arrest in connection with Garhwa P.S. Case No.383 of 2024 instituted for the offences punishable under Sections 191(2)/191(3)/ 190/109/132/121(1)/115(2)/324(4)/285/221/223/224/125/326(f) of the B.N.S., 2023 and Section 3 of Prevention of Damage to Public Property Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner consequent upon a road accident; along with the co-accused persons, formed an unlawful assembly and indulged in rioting and pelted stones at the police personnel resulting in injuries to some of the police personnel. It is next submitted that the allegation against the petitioner is false and are general and omnibus in nature. Drawing attention of this court towards para-15 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that the co-accused, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 15.01.2025 passed in A.B.A. No.75 of 2025. It is further submitted that the petitioner undertakes that he will not indulge in any offence during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Garhwa in connection with Garhwa P.S. Case No.383 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and that he will not indulge in any offence during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/