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

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

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed. Petitioner to surrender before the Court below within six weeks; on arrest or surrender he is to be enlarged on bail on cash security of Rs.10,000/- and bail bond of Rs.25,000/- with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Ramgarh in Ramgarh P.S. Case No.181 of 2024, subject to conditions of co-operation with investigation, appearance before the investigating officer, furnishing mobile number and Aadhar Card copy, undertakings not to change mobile number or harass the informant, and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Ramgarh P.S. Case No.181 of 2024 (offences under Sections 126(2), 115(2), 118(2), 109(2), 303(2) & 352 of BNS 2023), should be granted privileges of anticipatory bail.

Court's answer

Privileges of anticipatory bail are granted to the petitioner; he is directed to surrender before the Court below within six weeks from the date of the order.

Ratio / Principle

In the event of arrest or surrender, the petitioner will be enlarged on bail on depositing a cash security of Rs.10,000/-.

Key takeaways

The petitioner will furnish a bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ramgarh, in connection with Ramgarh P.S. Case No.181 of 2024.ratio¶14
Bail is conditional on the petitioner co-operating with the investigation, appearing before the investigating officer as and when noticed, and furnishing his mobile number and photocopy of the Aadhar Card to the investigating officer.ratio¶14

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, A.B.A. No.1630 of 2025, Order No.02 dated 17-03-2025 (Anil Kumar Choudhary, J.). Anticipatory bail granted to Kundan Kumar @ Kundan Ghatwar, who apprehended arrest in Ramgarh P.S. Case No.181 of 2024 for offences under Sections 126(2), 115(2), 118(2), 109(2), 303(2) & 352 of BNS 2023. Petitioner directed to surrender before the Court below within six weeks; on arrest or surrender to be enlarged 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 Chief Judicial Magistrate, Ramgarh. Conditions imposed: co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with an undertaking not to change the number, and not to annoy or disturb the informant during the pendency of the case; further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 apply. Counsel's submissions noted (not adopted as findings): allegation of false implication; cross-FIR Ramgarh P.S. Case No.184 of 2024 lodged by the petitioner's mother for the same occurrence; alleged extortion demand of Rs.5,00,000/- by the victim.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1630 of 2025

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Kundan Kumar @ Kundan Ghatwar, s/o Rangu Ghatwar aged about 24 years, r/o Budh Bazar, Sirka, PO Argada & PS Ramgarh, Dist. Ramgarh

.... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : M/s.Vishnu Prabhakar Pathak & Apurva, Advocate For the State : Mr. Ajay Kr. Pathak, APP

Order No.02 Dated- 17-03-2025

Heard the parties.

Apprehending his arrest in connection with Ramgarh P.S. Case No.181 of 2024 instituted for the offences punishable under Sections 126(2), 115(2), 118(2), 109(2), 303(2) & 352 of BNS 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner attempted to murder Akbar Khan. It is next submitted that the allegation against the petitioner is false. It is then submitted that there was a free fight between the parties. It is next submitted that for the selfsame occurrence mother of the petitioner has lodged Ramgarh P. S Case No.184 of 2024. It is also submitted that petitioner has no intention to kill anybody. It is then submitted that the victim fell down while fleeing away after assaulting the mother of the informant and sustained the injury. It is next submitted that the alleged victim was in fact demanding extortion of Rs.5,00,000/-. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security and he further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. 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

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or surrendering, he will be enlarged on bail on depositing cash security of Rs.10,000/- 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 Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S. Case No.181 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 he will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Anjali/