Jharkhand High Court
Bishnu Kumar Choudhary vs The State Of Jharkhand …. …. …. … on 2 April, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[2025:JHHC:10065]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2095 of 2025
------
1. Bishnu Kumar Choudhary, aged about 20 years, Son of Vijay
Choudhary
2. Bhagirath Choudhary @ Bhagirath Mahto, aged about 20 years,
Son of Suresh Mahto
3. Pawan Mahto, aged about 25 years, Son of Nagendra Mahto
4. Rakesh Kumar Mahto @ Rakesh Mahto, aged about 27 years, S/o
Premeshwar Mahto @ Parmeshwar Mahto
5. Mania Mahto @ Manhai Mahto @ Shekhar Kumar Mahto, aged
about 19 years, S/o- Tikua Mahto
All are resident of village-Pathra, P.O.-Pathra, P.S.-Godda (T)
Dist.-Godda, Jharkhand
…. …. …. Petitioners
Versus
The State of Jharkhand …. …. …. Opposite Party
——
CORAM : HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
——
For the Petitioners : Mr. Manoj Kumar Sah, Advocate
For the State : Mr. Achinto Sen, Addl. P.P
------
Order No.02 Dated- 02-04-2025
Heard the parties.
Apprehending their arrest in connection with Godda (Town) P.S. Case
No.278 of 2023 instituted for the offences punishable under Sections 147, 148,
149, 341, 323, 324, 325, 337, 353, 338, 307, 504 and 506 of the Indian Penal
Code, 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 were member of unlawful
assembly and in prosecution of common object of the assembly attempted to
murder the police personnel and used criminal force deterring them from
discharging their duties. It is next submitted that the allegation against the
petitioners is false. It is next submitted that the co-accused with similar
allegations has already been granted privilege of anticipatory bail by co-
ordinate bench of this court vide order dated 22.10.2024 passed in ABA no.
6125 of 2024. It is further submitted that petitioner has no intention to kill
anybody. It is then submitted that the genesis of the occurrence is that the
occurrence took place due to Idol immersion of Kali Puja between Pathra
villager and Belari villager. Drawing attention of this Court towards para-14
of the anticipatory bail application, learned counsel for the petitioners
submits that the petitioners have no criminal antecedent. 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.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/-
(Twenty five thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Godda in connection with
Godda (Town) P.S. Case No.278 of 2023 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
number and photocopy of the Aadhar Card with an undertaking that they
will not change their mobile number 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/
[ad_1]
Source link