Santosh Thakur v. The State of Jharkhand

: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner For the State : Ms. Seema Kashyap, Advocate : Mr. Satish Prasad, Addl. P.P ------ ------ Order No.02 Dated- 04-02-2025 Heard the parties. Apprehending his arrest in connection with Jaridih P.S. Case No.131 of 2024 instituted under Sections 191 (2), 191 (3), 190, 127 (1), 115 (2), 118 (1), 117 (2), 109, 121 (1), 121 (2), 132, 324 (5), 303 (2), 352 of the B.N.S., 2023 and Section 8B of National Highway Act, 1956, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was member of an unlawful assembly and being armed with deadly weapons attempted to murder Rohit Mandal and Mahendra Yadav and used criminal force against the public servant- police personnel deterring them from discharging their duties.

It is submitted that the allegation against the petitioner is false. It is next submitted that the alleged injuries were caused by hard and blunt substances and there is no material in the record to suggest that any grievous injury has been sustained by anybody. It is further submitted that at the time of occurrence, the petitioner was working as a labour at a distance of 15 kilometers from the place of occurrence. Drawing attention of this Court towards para-14 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bermo at Tenughat, Bokaro in connection with Jaridih P.S. Case No.131 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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. Animesh/ (Anil Kumar Choudhary, J.)