Kishor Pandey @ Kishor Prasad Pandey Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Kishor Pandey @ Kishor Prasad Pandey Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest by police or surrender within six weeks from the date of the order, release on bail before learned JMFC, Bokaro in connection with B.S. City P.S. Case No. 209 of 2024, on depositing Rs. 10,000/- cash security and furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to conditions of non-harassment of the informant and family, co-operation with investigation, appearance before the Investigating Officer when noticed, submission of mobile number and Aadhaar photocopy at surrender with undertaking not to change the mobile number, and compliance with section 482(2) BNSS, 2023 conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with B.S.City P.S. Case No. 209 of 2024 registered under Sections 126(2), 115(2), 109, 352, 351(2) and 79 read with 3(5) of BNS, 2023, should be granted the privilege of anticipatory bail.

Ratio / Principle

Considering the facts and circumstances of the case, the court is inclined to grant the privilege of anticipatory bail to the petitioner.

Key takeaways

In the event of arrest by police or surrender within six weeks from the date of the order, the petitioner shall be released 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 JMFC, Bokaro, subject to conditions of not annoying or disturbing the informant or his family members, co-operating with the investigation, appearing before the Investigating Officer as and when noticed, submitting mobile number and Aadhaar card photocopy at surrender with an undertaking not to change the mobile number, and the other conditions under section 482(2) of BNSS, 2023.ratio¶15

Detailed headnote1 paragraphs

Jharkhand HC (Ranchi), ABA No. 1708 of 2025, Anil Kumar Choudhary J., 20.03.2025: Anticipatory bail granted to Kishore Pandey @ Kishore Prasad Pandey apprehending arrest in B.S.City P.S. Case No. 209 of 2024 registered under Sections 126(2), 115(2), 109, 352, 351(2) and 79 read with 3(5) of BNS, 2023. In the event of arrest or surrender within six weeks, petitioner to be released on bail before learned JMFC, Bokaro on depositing Rs. 10,000/- cash security and furnishing bail bond of Rs. 25,000/- with two sureties of like amount each, subject to conditions: not to annoy or disturb the informant or his family members during pendency, co-operation with investigation, appearance before the Investigating Officer as and when noticed, submission of mobile number and Aadhaar card photocopy at surrender with undertaking not to change the mobile number, and the other conditions under section 482(2) of BNSS, 2023. Counsel had submitted the FIR was a counterblast to B.S.City P.S. Case No. 208 of 2024 lodged earlier from the petitioner's side; the informant is the petitioner's co-brother and the genesis was stated to be a petty quarrel between children.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1708 of 2025

Kishore Pandey @ Kishore Prasad Pandey aged about 55 years, Son of Jaydeo Pandey, resident of Sector-3/E, P.O-Sector-3, P.S- B.S.City, District- Bokaro (Jharkhand)

… Petitioner

Versus

The State of Jharkhand … opp. party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Brij Bihari Sinha , Adv. For the State : Mr. Arup Kr. Dey , Addl.. PP

02 / 20.03.2025

Heard the parties.

Apprehending his arrest, the petitioner has

moved this Court for grant of privilege of anticipatory bail in connection with B.S.City P.S. Case No. 209 of 2024 registered under Sections 126(2), 115(2), 109, 352, 351(2) and 79 read with 3(5) of BNS, 2023.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons, attempted to murder Kamlesh Pandey and his son. It is then submitted that the allegations against the petitioner are all false and for the self-same occurrence, from the side of the petitioner first, B.S.City P.S. Case No. 208 of 2024 was lodged and as a counterblast and as an afterthought, this false case has been instituted. It is further submitted by learned counsel for the petitioner that the petitioner had no intention to kill anyone and the informant is the co-brother of the petitioner. It is further submitted by learned counsel for the petitioner that the genesis of the occurrence is a petty quarrel between the children. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or

disturb the informant or his family members in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security 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 JMFC, Bokaro in connection with B. S. City P.S. Case No. 209 of 2024 subject to the condition that the petitioner will not annoy or disturb the informant or his family members in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-