Allowed

Chhotelal Yadav Alias Jay Shankar Yadav Alias Chota Lal Yadav v. the State of Jharkhand

Jharkhand HC11 Sept 2024A.B.A./5926/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an FIR under IPC sections including 307 for assault. Court found allegations against petitioners general and omnibus with only stab injury attributed to a co-accused, and no criminal antecedents; enlarged them on bail on surrender within three weeks.

What did the court decide?

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

Chhotelal Yadav Alias Jay Shankar Yadav Alias Chota Lal… — 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.5926 of 2024

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Chhotelal Yadav @ Jay Shankar Yadav @ Chota Lal Yadav, S/o Shrikant Yadav

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Golu Yadav @ Vikash Yadav, S/o Birendra Yadav Both R/o Maithan More, Shibalibari, Kumardhubi OP, P.O. Kumardhubi, P.S. Chirkunda, District Dhanbad

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Prakash Ojha, S/o Pawan Ojha, R/o Agyarkund, Pani Tanki, P.O. Kumardhubi, P.S. Chirkunda, District Dhanbad .......... Petitioners. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mrs. Priya Shrestha, Spl. P.P. ----- Order No.02 Date: 11.09.2024

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The petitioners are apprehending their arrest in connection with Chirkunda (Kumardhubi O.P.) P.S. Case No.93 of 2024 registered under Sections 341/342/323/324/307/34 of the Indian Penal Code, 1860.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. The allegation made in the written report is highly exaggerated. Even if the content of the same is taken to be true, there is specific allegation against co-accused Gajendra Yadav @ Munna Yadav that he stabbed the stomach of the informant by knife. There is general and omnibus allegation against the petitioners that they assaulted the informant by means of lathi, danda & rod. However, it would be evident from the impugned order that only stab injury has been found on the abdomen of the informant. Hence, the allegation of assault against the petitioners is false. The

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petitioners have no criminal antecedent as has been stated in paragraph no.14 of the present anticipatory bail application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

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Learned Spl. P.P. opposes the petitioners’ prayer for grant of anticipatory bail.

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Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda (Kumardhubi O.P.) P.S. Case No.93 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rajesh Shankar, J.)

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Arpit/

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-2-

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A.B.A. No.5926 of 2024

Chhotelal Yadav Alias Jay Shankar Yadav Alias Chota Lal Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chhotelal Yadav Alias Jay Shankar Yadav Alias Chota Lal Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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