Jharkhand High Court
Mahesh Modi vs The State Of Jharkhand … Opp. Party on 27 February, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No. 4760 of 2024
1.
Mahesh Modi, aged about 45 years, son of Late Prasadi Modi,
2. Bikki Modi, aged about 49 years son of Lutan modi, Both
Resident of village Khairabad, P.O.- Mandramo, P.S. sariya,
District- Giridih. … Petitioner
Versus
The State of Jharkhand … opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Ashutosh Anand no. 2 , Adv.
For the State : Mr. Rakesh Ranjan , Addl.. PP
For the informant : Mr. Kamdeo Pandey , Adv.
03 / 27.02.2025 Heard the parties.
Apprehending their arrest, the petitioners have
moved this Court for grant of privilege of anticipatory bail
in connection with Sariya P.S. Case No. 126 of 2024
registered under Sections 147, 148, 149, 384, 188, 341, 323,
324, 385, 387, 307, 325, 379, 354B, 120B, 504, 506 of the Indian
Penal Code.
Learned counsel appearing for the petitioners submits
that the allegation against the petitioners is that the
petitioners being the members of an unlawful assembly, in
prosecution of the common object of the assembly,
demanded extortion and attempted to murder Dinesh Modi
and Premanand Modi. It is then submitted that the
allegations against the petitioners are all false and
petitioners are the agnate of the informant. It is further
submitted by learned counsel for the petitioner that the
petitioners had no intention to kill anybody. It is next
submitted that the petitioners are ready to co-operate with
the investigation of the case and also undertakes to furnish
sufficient security including cash security and they
undertake not to annoy or disturb the informant victim or
their family members in any manner during pendency of the
case hence, the petitioners be given the privilege of
anticipatory bail.
The learned Addl. PP opposes the prayer for
anticipatory bail of the petitioners.
Considering aforesaid facts and circumstances of the
case, I am inclined to grant the privilege of anticipatory bail to
the petitioners. Hence, in the event of arrest by the police or
surrender within a period of six weeks from the date of this
order, the petitioners shall be released on bail on depositing
Rs. 10,000/- each as cash security and on furnishing bail bond
of Rs. 25,000/- (Rupees Twenty Five Thousand) each with
two sureties of the like amount each to the satisfaction of
learned JMFC, Giridih in connection with Sariya P.S. Case No.
126 of 2024 subject to the condition that the petitioners will
not annoy or disturb the informant victim or their family
members 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/-
