Praveen Kumar Alias Praveen Yadav Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Praveen Kumar Alias Praveen Yadav Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest or surrender within six weeks of the order dated 07.03.2025, release on bail on depositing cash security of Rs. 10,000/- and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Koderma, in connection with Telaiya P.S. Case No. 188 of 2024 / G.R. Case No. 440 of 2024, subject to conditions of cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number, not annoying or disturbing the informant, and the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, Praveen Kumar @ Praveen Yadav, apprehending arrest in connection with Telaiya P.S. Case No. 188 of 2024 (G.R. Case No. 440 of 2024) registered under Sections 305 and 331(4) of the B.N.S., 2023, should be granted the privilege of anticipatory bail.

Court's answer

The court decided that it is a fit case to give the petitioner the privilege of anticipatory bail.

Ratio / Principle

In the event of the petitioner's arrest or surrender within six weeks of the order, he is to be released on bail on depositing cash security of Rs. 10,000/- and furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Koderma, conditioned on cooperation with the investigation, appearance before the Investigating Officer as and when noticed, furnishing his mobile number and Aadhar Card copy with an undertaking not to change the mobile number, not annoying or disturbing the informant, and subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), A.B.A. No. 1555 of 2025, Order No. 02 dated 07.03.2025. Praveen Kumar @ Praveen Yadav, apprehending arrest in Telaiya P.S. Case No. 188 of 2024 (G.R. Case No. 440 of 2024) registered under Sections 305 and 331(4) of the B.N.S., 2023 for the alleged theft of two mobile phones and Rs. 40,000/- cash from the informant's house after breaking the lock, was held entitled to anticipatory bail. On arrest or surrender within six weeks, he is to be released on depositing 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 A.C.J.M., Koderma, conditioned on cooperation with the investigation, furnishing his mobile number and Aadhar Card copy (with an undertaking not to change the number), and non-harassment of the informant, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Counsel for the petitioner had submitted that the allegations were false, resting only on the confessional statement of co-accused Piyush Yadav, and that the stolen property had been recovered from the co-accused; the Learned Addl. P.P. opposed the prayer.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1555 of 2025

Praveen Kumar @ Praveen Yadav, aged about 26 years, son of Narayan Yadav, resident of village –Nawada Basti, near Hanuman Mandir, P.O. & P.S. –Jhumri Tilaiya, District – Koderma. … Petitioner

Versus

The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Ajay Kr. Pathak, Addl. P.P. ------

Order No.02 Dated- 07.03.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Telaiya P.S. Case No.188 of 2024 corresponding to G.R. Case No. 440 of 2024 registered for the offences punishable under Sections 305 and 331(4) of the B.N.S., 2023.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in commission of theft of two mobile phones and Rs.40,000/- cash from the house of the informant after breaking the lock. It is further submitted that the allegations against the petitioner are all false and the petitioner has been implicated in this case only on the basis of confessional statement of the co-accused –Piyush Yadav. It is next submitted that the stolen property has been recovered from the coaccused. 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 and further undertakes that he will not annoy or disturb the informant or his family members in any manner during the pendency 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 A.C.J.M., Koderma, in connection with Telaiya P.S. Case No.188 of 2024 corresponding to G.R. Case No. 440 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 with further condition that that he will not annoy or disturb the informant in any manner 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-