Anil Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Anil Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks from the date of the order, release on bail on depositing cash security of Rs. 10,000/- and on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Ranchi, in connection with Kanke P.S. Case No.204 of 2024, subject to conditions of cooperation with investigation, appearance before the Investigating Officer, furnishing mobile number and Aadhar Card copy, and the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Kanke P.S. Case No.204 of 2024 (offences under the B.N.S., 2023), should be granted the privilege of anticipatory bail.

Court's answer

Considering the submissions of the counsels and the facts discussed, the Court was of the opinion that this is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail.

Ratio / Principle

In the event of the petitioner's arrest or surrender within a period of six weeks from the date of the order, he is to be released on bail on depositing cash security of Rs. 10,000/- and on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Ranchi, in connection with Kanke P.S. Case No.204 of 2024.

Key takeaways

Release is conditioned on the petitioner cooperating with the investigation of the case, appearing before the Investigating Officer as and when noticed by him, furnishing his mobile number and a copy of his Aadhar Card in the court below, and undertaking not to change his mobile number during the pendency of the case, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail granted — Anil Kumar, apprehending arrest in Kanke P.S. Case No.204 of 2024 registered under sections 191(2)/191(3)/190/126(2)/127(2)/115(2)/121(1)/132/221/223/352/351(2) of the B.N.S., 2023 (allegations per counsel of unlawful assembly, attempt to murder of two bike riders after a road accident, road blockade, snatching a police gun, tearing police uniform, and obstruction of ambulance movement and milk delivery), was held by the High Court of Jharkhand to be a fit case for the privilege of anticipatory bail. Upon arrest or surrender within six weeks, he is to be released on cash security of Rs. 10,000/- and a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Ranchi, conditioned on cooperation with the investigation, appearance before the Investigating Officer as and when noticed, furnishing his mobile number and Aadhar Card copy, an undertaking not to change his mobile number during the pendency of the case, and subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1015 of 2025

Anil Kumar, aged-30 years, s/o Dhaneshwar Thakur, r/o Near Hanuman Mandir, Bukru, P.O.-Bukru, P.S.-Kanke, Dist.Ranchi … Petitioner Versus

The State of Jharkhand … Opposite Party ------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Chandra S. Pandey, Advocate For the State : Mr. Jitendra Pandey, Addl. P.P. ------

Order No.02 Dated- 14.02.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kanke P.S. Case No.204 of 2024 registered under sections 191(2)/ 191(3)/190/126(2)/127(2)/115(2)/121(1)/132/221/223/352/351(2) of the B.N.S., 2023.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was member of unlawful assembly and consequent upon a road accident, which occurred because of two bike riders, the petitioner attempted to murder the riders of the bikes and blocked the road and when police arrived at the place of occurrence, the petitioner also snatched away the gun of the police and tore the uniform of the police personnel. It is further alleged that the petitioner did not allow the movement of ambulance and delivery of milk. It is further submitted that the allegations against the petitioner are all false and the petitioner has a barber shop. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 12 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi, in connection with Kanke P.S. Case No.204 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-