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2025 DAILYLAW 9364 (JHR)

CHHAKAN RAJAK v. THE STATE OF JHARKHAND

B.A./3131/2025 · 2025-04-24

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:12278] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3131 of 2025 ------ Chhakan Rajak aged about 53 years son of Badri Rajak Resident of Village- Katariyatand, P.O.- Dhuraita, P.S.- Hirodih, District- Giridih .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Shree Nivas Roy, Advocate For the State : Mr. Satish Kumar Keshri, Addl.P.P ------ Order No.02 Dated-24-04-2025 Heard the parties. The petitioner has been made accused in connection with Hirodih P.S. Case No.152 of 2024 registered for the offence punishable under Section 191(2)/127(1)/115(2)/118(1)/109/76/324(4)/303(2)/351(2)/352 of the B.N.S., 2023. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was a member of an unlawful assembly and in prosecution of common object of the assembly, attempted to murder the informant. It is next submitted that the allegation against the petitioner is false. It is then submitted that the injury sustained is simple in nature and for the self-same occurrence from the side of the petitioner, Hirodih P.S. Case No.153 of 2024 has been instituted by the wife of the petitioner. It is then submitted that there was a free right between the parties. It is also submitted that the petitioner had no intention to kill anybody. It is further submitted that the petitioner has been in custody since 10.02.2025 as mentioned in para- 25 of the instant bail application. It is also submitted that the petitioner has no criminal antecedent as mentioned in para-27 of the instant bail application. It is also submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner also undertakes that he will not annoy or disturb the informant in any manner during the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State opposes the prayer for bail of the petitioner. Considering the facts of this case, the above-named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Giridih in connection with Hirodih P.S. Case No.152 of 2024 with the condition that he will co- operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and he will not annoy or disturb the informant in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Saroj/