Mohan Mahto Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Mohan Mahto Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.348 of 2025

------

Mohan Mahto, aged about 52 years, son of Late Khutu Mahto, Resident of Shyampur Panchayat Thaparnagar, P.O. & P.S.-Nirsa, Dist.-Dhanbad.

Dulal Mahto @ Dulal Chand Mahto, aged about 50 years, son of Late Khudu Mahto, Resident of Shyampur Panchayat Thaparnagar, P.O. & P.S.-Nirsa, Dist.-Dhanbad

Vishal Mahato @ Bishal Mahato, aged about 22 years, son of Mohan Mahto, Resident of Shyampur Panchayat Thaparnagar, P.O. & P.S.-Nirsa, Dist.-Dhanbad

Suraj Mahato @ Suraj Mahto, aged about 20 years, son of Mohan Mahto, Resident of Shyampur Panchayat Thaparnagar, P.O. & P.S.-Nirsa, Dist.-Dhanbad

.... .... …. Petitioners

Versus

The State of Jharkhand .... .... .... Opposite Party

-----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mrs. J. S. Mazumdar, Advocate Mr. Rohan Mazumdar, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P.

Order No.02 Dated- 24-01-2025

Heard the parties.

Apprehending their arrest in connection with Nirsa P.S. Case No.365 of 2024 instituted under Sections 109, 118(2), 126(2), 351(3) and 3(5) of B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons attempted to murder of the father-in-law and brother-in-law of the informant. It is next submitted that injuries sustained is by hard and blunt substance. It is further submitted that the allegation against the petitioners is false. It is further submitted that for the self-same occurrence, petitioner no.1 instituted Nirsa P.S. Case No.366 of 2024 has also been registered and as a counter-blast, this false case has been foisted against the petitioners. Drawing attention of this Court towards para-

16 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that petitioners have no intention to kill. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail depositing Rs.10,000/each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Dhanbad, in connection with Nirsa P.S. Case No.365 of 2024 with the condition that they will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or any of his 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 . )

Rohit/