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2025 DAILYLAW 9432 (JHR)

JAY PRAKASH KUMAR ALIAS PRAKASH KUNWAR v. THE STATE OF JHARKHAND

A.B.A./2177/2025 · 2025-04-03

Anil Kumar Choudhary

body2025

Judgment text

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[ 2025:JHHC:10281] IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 2177 of 2025 Jay Prakash Kumar @ Prakash Kunwar aged about- 41 years S/O- Ravilal Kumar R/o village- Muswachak P.O, P.S. & District-Dumka … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Onkar Nath Tiwary , Adv. For the State : Mr. Naveen Kr. Gaunjhu, Addl.PP 02 / 03.04.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jama P.S. Case No. 05/2025 registered for the offences punishable under Sections 126(2),132,190, 191(2), 223,285, 352 of B.N.S. 2023. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that petitioner being the member of an unlawful assembly, in prosecution of the common object of the assembly, used criminal force against the police personnel who went to the place of occurrence, consequent upon the blockade of road made by the unlawful assembly of which, the petitioner was a member, consequent upon a road accident. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 11 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to indulge in any road blockade in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and 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 C.J.M Dumka in connection with Jama P.S. Case No. 05/2025 subject to the condition that the petitioner will not indulge in any road blockade in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-