Rakesh Kumar Alias Rakesh Mandal Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Rakesh Kumar Alias Rakesh Mandal Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on Rs.10,000/- cash security and Rs.25,000/- bail bond with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamshedpur, subject to stated conditions and conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Sitaramdera P.S. Case No.179 of 2024 instituted under Sections 191(2)/191(3)/329/352/115(2)/109/324(2)/351(2)/303(2) of the B.N.S., is entitled to privileges of anticipatory bail.

Court's answer

Considering the submissions of learned counsels and the facts and circumstances stated, the Court is inclined to grant privileges of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the Court below within six weeks; in the event of arrest or surrender, he is to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.179 of 2024.

Key takeaways

The bail is subject to conditions that the petitioner will co-operate with the investigation, appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of the Aadhar Card with an undertaking not to change his mobile number, not annoy or disturb the informant, victim or any of their family members during the pendency of the case, and abide by further conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand granted privileges of anticipatory bail to the petitioner apprehending arrest in Sitaramdera P.S. Case No.179 of 2024, instituted under Sections 191(2)/191(3)/329/352/115(2)/109/324(2)/351(2)/303(2) of the B.N.S. — petitioner directed to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamshedpur — conditions: co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with undertaking not to change the mobile number, not to annoy or disturb the informant, victim or their family members during pendency, and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1661 of 2025

Rakesh Kumar @ Rakesh Mandal, aged about 44 years, son of Krishna Prasad, resident of Kumhar Para, New Baradwari, P.O.-Sakchi, P.S.-Sitaramdera, Dist.-East Singhbhum (Jamshedpur) … Petitioner Versus

The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate For the State : Mr. Rajneesh Vardhan, Addl. P.P. ------

Order No.02 Dated- 17.03.2025

Heard the parties.

Apprehending his arrest in connection with Sitaramdera P.S. Case No.179 of 2024 instituted under Sections 191(2)/ 191(3)/ 329/ 352/ 115(2)/ 109/324(2)/351(2)/303(2) of the B.N.S., 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 being member of an unlawful assembly armed with deadly weapons, attempted to murder the members of the informant party. It is submitted that the allegation against the petitioner is false. It is next submitted that the allegation of causing grievous injury upon the informant, is against the co-accused Bhodu. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant, victim or any of their family members in any manner during the pendency of the case. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 13.02.2025 in A.B.A. No.984 of 2025. Hence, it is submitted that the petitioner be also 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 or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security 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 Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.179 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, victim or any of their family members 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 . )

Sonu/Gunjan-