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2025 DAILYLAW 9110 (JHR)

RAMCHARAN YADAV v. THE STATE OF JHARKHAND

A.B.A./2303/2025 · 2025-04-11

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:11188] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2303 of 2025 ------ 1. Ramcharan Yadav, aged about 57 years, son of Nageshwar Yadav, Resident of Hathdih, P.O.-Jhabar P.S.-Balumath & Dist.-Latehar 2. Gopal Yadav, aged about 40 years, son of Nageshwar Yadav, resident of Hathdih, P.O.-Jhabar, P.S.-Balumath & Dist.-Latehar .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Sanat Kumar Jha, Addl. P.P ------ Order No.02 Dated- 11-04-2025 Heard the parties. Apprehending their arrest in connection with Balumath P.S. Case No.137 of 2024 instituted for the offences punishable under Sections 316(2), 318(4), 336(3), 338 and 3(5) of B.N.S, 2023, 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 petitioners have committed forgery and got the trucks of the informant transferred in their names and the signature of the informant on Form-29 and 30; used for such transfer, has been forged. It is next submitted that the allegation against the petitioners is false. It is further submitted that undisputedly petitioners are the own brothers of the informant and in a family settlement the trucks were allocated to the petitioners. It is then submitted that EMI as well as the down payment, in respect of the said trucks, has been duly paid by the petitioners. It is further submitted that there is inordinate delay in lodging of F.I.R and because of subsequent property dispute between the petitioners and the informant; regarding partition of the property, this false case has been foisted. It is next submitted that the signatures of the informant on Form-29 and 30; used for such transfer are genuine and after due process the ownership of the vehicles has been transferred by the District Transport Officer. It is further submitted that the petitioners 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 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.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned CJM, Latehar in connection with Balumath P.S. Case No.137 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 numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant in any manner 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.) Rohit/