Santosh Mahto Vs the State of Jharkhand

Apprehending their arrest in connection with Jaridih P.S. Case No.05 of 2022 corresponding to G.R. No.31 of 2022 instituted under Sections 341/323/379/384/506/34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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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 person committed theft of Rs.40,000/-, one gold chain and demanded extortion. It is submitted that the allegation against the petitioners is false. 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

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is next submitted that because of land dispute, between the petitioner and the informant, this false case has been foisted against the petitioner by making a concocted story. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members 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.

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

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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 on 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 ACJM, Bermo at Tenughat in connection with Jaridih P.S. Case No.05 of 2022 corresponding to G.R. No.31 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers 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.

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(Anil Kumar Choudhary, J . )

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Saroj/

Santosh Mahto v. the State of Jharkhand

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Santosh Mahto v. the State of Jharkhand

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