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Jharkhand High Court

Shri Yadav vs The State Of Jharkhand .... .... ... on 24 June, 2021

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.3361 of 2021
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1. Shri Yadav

2. Mahendra Rana

3. Hulas Bhuiyan

4. Deepak Yadav @ Deepak Kumar

5. Suryadev Yadav @ Suryakant Yadav @ Suryadeo Yadav @ Suraj Kant Yadav

6. Anand Kumar Yadav @ Anand Kumar

7. Ramautar Rana @ Umesh Rana

8. Munesh Rana @ Munna Kumar @ Munesh Ram

9. Indradev Rana .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Petitioners         : Mr. Shravan Kumar, Advocate
     For the State               : Ms. Ruby Pandey, Addl.P.P
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     Order No.02 Dated- 24.06.2021

Heard the parties through video conferencing. Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest in connection with Mayurhand P.S. Case No. 91 of 2020 instituted under Sections 143, 147, 148, 149, 427, 153(A), 295, 295A, 297, 298, 341, 354, 452, 504, 506 of the Indian Penal Code, 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 being the members of an unlawful assembly and being armed with deadly weapons, attempted to enter into the mosque and damaged the solar plate and took away one inverter and two big batteries. It is submitted that the allegation against the petitioners is false. It is next submitted that for the self-same occurrence, from the side of the petitioners first, Mayurhand P.S. Case No.90 of 2020 was instituted alleging therein that the members of the other community assembled at the temple and stole the statue and other articles and also by standing on the roof of the house, pelted stones injuring several persons of the community of the petitioners. It is also submitted that that the co-accused with similar allegations, has already been given the privilege of anticipatory bail this Court vide order dated 22.06.2021 passed in A.B.A. No.3085 of 2021. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case. 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 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 petitioner. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M, Chatra within six weeks from today and in the event of their arrest or surrendering, 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 C.J.M, Chatra in connection with Mayurhand P.S. Case No. 91 of 2020 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 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Animesh/