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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to surrender within three weeks; to be enlarged on bail on a bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Dhanbad, in Jhariya P.S. Case No.123/2023, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Jhariya P.S. Case No.123/2023 (offences under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506/34 IPC, opposed inter alia on the ground of grievous injury), are entitled to anticipatory bail.

Court's answer

Anticipatory bail extended to the petitioners: allegations are general and omnibus; no case was lodged over the first incident of 20.04.2023; the complaint arising out of the second incident of 24.04.2023 is not on affidavit, as apparent from its certified copy annexed with the application.

Ratio / Principle

Petitioners directed to surrender before the learned court within three weeks; upon arrest or surrender they are to be enlarged on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Dhanbad, in connection with Jhariya P.S. Case No.123/2023, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail – Jharkhand High Court (Sanjay Kumar Dwivedi, J.), A.B.A. No. 4051 of 2025, decided 07/11.08.2025 – Three petitioners apprehending arrest in Jhariya P.S. Case No.123/2023 under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506/34 IPC pending before learned A.C.J.M., Dhanbad – Alleged incidents of 20.04.2023 and 24.04.2023; no FIR lodged after the first incident; FIR arose via a complaint case transferred to police – Court noted the allegations were general and omnibus and that the complaint case was not on affidavit, as apparent from the certified copy – Anticipatory bail granted: surrender within three weeks, bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

( 2025:JHHC:22856 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4051 of 2025

Om Prakash Yadav @ Prakash Yadav, aged about 42 years, S/o Hira Yadav @ Hira Mahto

Dilip Kumar @ Budhu Beldar, aged about 32 years, S/o Late Devlal Nonia 3. Shankar Yadav, aged about 48 years, S/o Hira Yadav @ Hira Mahto All resident of Ena Colliery Bhagatdih, near Parsatand School, P.O. Bhagatdih, P.S. Jhariya, District- Dhanbad … Petitioners

-Versus-

The State of Jharkhand … Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Nilesh Kumar Gupta, Advocate (Through VC) For the State : Mr. Abhay Kumar Tiwari, A.P.P. For the Informant : Mr. Raj Kishore Sahu, Advocate

07/11.08.2025 The petitioners are apprehending their arrest in connection with Jhariya P.S. Case No.123/2023, registered for the offence under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code, pending in the Court of the learned A.C.J.M., Dhanbad.

Mr. Nilesh Kumar Gupta, learned counsel for the petitioner appearing through Video Conferencing submits that the alleged occurrence is said to be on 20.04.2023, however, on that day, FIR has not been lodged. He submits that on 24.04.2023 again the occurrence was repeated and even on that day, the FIR was not lodged and complaint case was filed. He submits that the said complaint case was transferred to the concerned police station for registration of an FIR and, thereafter, the present FIR has been registered. He further submits that there is no direct allegation against the petitioners.

Learned counsel for the State and informant jointly opposed the prayer and submit that grievous injury has been caused and in view of that, the prayer for anticipatory bail to the petitioners may kindly be rejected.

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A.B.A. No. 4051 of 2025

( 2025:JHHC:22856 )

Considering that there are general and omnibus allegations against the petitioners and the first incident took place on 20.04.2023 and against that, the case was not lodged and, thereafter, second incident has taken place on 24.04.2023 and even for that, complain case has been filed and the said complaint case is not on affidavit, which is apparent from the certified copy of the same, annexed with the present application and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners.

Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail 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 A.C.J.M., Dhanbad in connection with Jhariya P.S. Case No.123/2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Ajay/

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A.B.A. No. 4051 of 2025