2025:JHHC:11980 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2458 of 2025 ------ Lucky Singh @ Lucky Kumar Singh, aged about 14 years, son of Sri Pappu Singh @ Pappu Pandey, resident of village Itkhori, PO and PS Itkhori, District Chatra, Jharkhand … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Yadu Nandan Mishra, Advocate. For the State : Md. Azeemuddin, A.P.P. ----- 04/ 22.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 147, 149, 341, 323, 307, 452 and 302 of the Indian Penal Code in connection with Itkhori PS Case No. 16 of 2024 pending in the Court of learned Additional Chief Judicial Magistrate, Chatra. 3. The prosecution case in brief is that this petitioner along with others entered in the house of informant and assaulted his brother Mithlesh Dangi by lathi, danda and iron rod. The informant and others were also assaulted. 4. At the very outset, learned counsel for the petitioner submits that though the petitioner is a juvenile but he is preferring for anticipatory bail in terms of sections 482 and 484 of the BNSS. 5. Learned counsel for the petitioner submits that there is no material against the petitioner. In absence of specific allegation the petitioner cannot be deprived of privilege of anticipatory bail. It is his submission that one of the co-accused Bablu Soni @ Bablu Kumar has already been granted anticipatory bail. Thus the petitioner also is entitled to get privilege of the same. 6. Learned A.P.P. representing the State opposes the prayer 2025:JHHC:11980 2 for anticipatory bail. 7. After hearing the parties, I find that there is allegation that this petitioner and others armed with iron rod and other weapons assaulted Mithlesh Dangi and seriously injured him. Initially the case was registered under section 307 of the Indian Penal Code but as the deceased Mithlesh Dangi expired section 302 of the Indian Penal Code was added. From the impugned order, I find that the assault is on the head which is a very vital part of the body. The injury is 30 cm over scalp from right upper part of ear up to mid scalp with further injuries overhead. 8. From the impugned order, further I find that initially before the Session Judge the petitioner filed ABP No. 974 of 2024 but the same was withdrawn. Thereafter again he filed another ABP No. 184 of 2025 on the ground that there is no material against him and there is no criminal antecedent. The petitioner has taken a plea of juvenility but since this is anticipatory bail the juvenile justice board cannot assess his age as he has not appeared/produced before the Board. He submits that he is pressing this anticipatory bail. 9. On merits, I find that the allegation is serious against the petitioner that he along with others mercilessly assaulted the deceased after entering into his house with sticks and iron rod. Later on the deceased died. 10. So far as the bail granted to the similarly situated accused person, namely, Bablu Soni is concerned, I find that in ABA No. 5970 of 2024 Bablu Soni was granted bail but I did not find any consideration or reasoning in the order on which bail was granted. In the aforesaid order, in paragraph no. 1 is the sections under which the case has been registered. Paragraph no. 2 is the submission of the counsel. Paragraph 3 is the recording of opposition of the APP. Then in the last paragraph it was held as follows: “Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. 2025:JHHC:11980 3 Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Itkhori P.S. Case No.16 of 2024, corresponding to G.R. No.551 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.” 11. Since there is no reason recorded as to why anticipatory bail has been granted in that case when there is direct allegation against the petitioner, in my opinion this order is not binding upon this Court. The another co-accused was granted anticipatory bail in ABA No. 7409 of 2024 only on the ground that earlier Bablu Soni was granted bail. 12. In my opinion the order of the coordinate Bench with same Bench strength in bail application if it is without any reasoning is not binding. To have a binding effect there must be some reasoning for arriving at a conclusion which is missing in the case of Bablu Soni. 13. Thus considering the direct allegation against the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, it is dismissed. (ANANDA SEN, J.) Tanuj/Cp-3