Allowed

Rajendra Kumar Yadav Alias Mantu Kumar Yadav v. the State of Jharkhand

Jharkhand HC18 Sept 2024A.B.A./5904/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an assault case where the informant's bleeding ear injury was attributed to co-accused Ashish Kumar Yadav. Court granted anticipatory bail on bail bond of Rs. 20,000 with two sureties, subject to BNSS Section 482(2) conditions.

What did the court decide?

Petitioner to be released on bail on Rs.20,000 bond with two like sureties upon arrest/surrender within three weeks, subject to Section 482(2) BNSS conditions.

Rajendra Kumar Yadav Alias Mantu Kumar Yadav Vs the… — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5904 of 2024

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Rajendra Kumar Yadav @ Mantu Kumar Yadav, son of Biran Yadav @ Biran Gope, resident of Chano, P.O.- Chano, P.S.- Muffasil, District- Hazaribagh

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… … Petitioner

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Versus

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The State of Jharkhand …. … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P. For the Informant : Mr. Ranjan Kumar, Advocate Order No. 04 Dated: 18.09.2024

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The petitioner apprehending his arrest for the offences punishable under Sections 341/323/325/307/379/34 of the Indian Penal Code, has prayed for grant of anticipatory bail.

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2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The allegation made in the fardbeyan of the informant is highly exaggerated. Even if the content of fardbeyan is taken to be true, the allegation against the petitioner is that he assaulted the informant on his body by means of lathi. Moreover, it has been alleged against co-accused- Ashish Kumar Yadav that he assaulted the informant on his neck by using brick. The injury report of the informant suggests that his left ear was found bleeding and therefore the said injury can be attributed to co-accused Ashish Kumar Yadav. The petitioner has no criminal antecedent as has been stated in paragraph-12 of the present anticipatory bail application. He also undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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3. Learned counsel for the informant while opposing the petitioner’s prayer for anticipatory bail, submits that the informant

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who is an army personnel, was assaulted by the petitioner and coaccused Ashish Kumar Yadav. Hence, the petitioner may not be given the privilege of anticipatory bail.

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4. Learned A.P.P. also opposes the petitioner’s prayer for anticipatory bail.

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5. Having heard learned counsel for the parties and considering that co-accused Ashish Kumar Yadav allegedly assaulted the informant on his neck by using brick due to which he sustained bleeding injury in his left ear, I am inclined to enlarge the petitioner on anticipatory bail.

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6. Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazaribagh in connection with Hazaribagh Muffasil P.S. Case No. 127 of 2024, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

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Ritesh/

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(Rajesh Shankar, J.)

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A.B.A. No.5904 of 2024

Rajendra Kumar Yadav Alias Mantu Kumar Yadav v. the State of Jharkhand

Case brief

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Rajendra Kumar Yadav Alias Mantu Kumar Yadav v. the State of Jharkhand

Case brief

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