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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on depositing Rs.20,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two like sureties to the satisfaction of learned J.M. Rly., Dhanbad, subject to investigation-co-operation conditions and the conditions under Section 482(2) of the BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Chandrapura G.R.P.S. Case No.16 of 2024 instituted under Section 379 of the IPC (alleged theft of a mobile phone), should be granted the privileges of anticipatory bail.

Court's answer

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

Ratio / Principle

The petitioner is directed to surrender in the Court below within six weeks, and in the event of his arrest or surrender he is to be enlarged on bail on depositing Rs.20,000/- as cash security and on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. Rly., Dhanbad in connection with Chandrapura G.R.P.S. Case No.16 of 2024.

Key takeaways

The bail is subject to the 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 the mobile number during the pendency of the case, and comply with the further conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail granted. The High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), by order dated 06-02-2025 in A.B.A. No.803 of 2025, allowed the prayer of Horli Mahto who apprehended arrest in Chandrapura G.R.P.S. Case No.16 of 2024 instituted under Section 379 of the IPC for alleged theft of a mobile phone. The petitioner was directed to surrender in the Court below within six weeks and, in the event of arrest or surrender, to be enlarged on bail on depositing Rs.20,000/- 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 J.M. Rly., Dhanbad. Bail was made subject to co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing of mobile number and Aadhar Card copy with an undertaking not to change the mobile number during the pendency of the case, and the 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.803 of 2025

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Horli Mahto, S/O Ram Prasad Mahto, Aged about 33 years, R/O-Lal Bothani Naya Bind Tola, P.O. & P.S.-Sahibganj, Dist.-Sahibganj

.... .... …. Petitioner

Versus

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

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Santosh Kumar Jha, Advocate For the State : Ms. Lily Sahay, Addl. P.P

Order No.02 Dated- 06-02-2025

Heard the parties.

Apprehending his arrest in connection with Chandrapura G.R.P.S. Case No.16 of 2024 instituted under Section 379 of the IPC, 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 has committed theft of mobile phone. It is submitted that the allegation against the petitioner is false. It is next submitted that petitioner voluntarily got the stolen mobile deposited in Muffasil Police Station, Sahibganj. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be 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.20,000/- 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 J.M. Rly., Dhanbad in connection with Chandrapura G.R.P.S. Case No.16 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 he they will not change their mobile number 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/