Jharkhand High Court
Dahu Yadav @ Rajesh Yadav vs The State Of Jharkhand ...... Opposite ... on 14 August, 2023
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.11708 of 2022
Dahu Yadav @ Rajesh Yadav ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Sabyasanchi, Advocate
For the State : Mr. Manoj Kumar, G.A.-III
Mr. Vishwanath Roy, Spl. P.P.
For the Informant : Mr. Bajrang Kumar, Advocate
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06/Dated:14/08/2023
1. Heard learned counsel for the applicant, learned counsel for the State and learned counsel for the informant.
2. Apprehending his arrest, the applicant has moved this Court for grant of privilege of anticipatory bail in connection with Sahibganj (M) P.S. Case No.29 of 2022, registered for the offence under Sections 147/ 148/ 149/ 307/ 120B of IPC and Sections 27 and 35 of the Arms Act.
3. Innocence has been claimed and undertaking has been given for co-operation with the investigating agency and participation in the trial. It has been submitted that there is a trade rivalry between the parties and there is case and counter case. Three cases have been filed with same and similar allegation by both the parties. It is due to the auction of the ferry ghats to be held on 14.03.2022. It has been submitted that more than 700 round of firing has been done by one party and similarly by other party but no any injury has been reported suggesting the quantity of firing made by both the parties. Thus, it is a clear-cut case of trade rivalry for which both the parties have filed case and counter case. One of the co-accused has already been enlarged on bail by the Co-ordinate Bench of this Court. On above basis, prayer for anticipatory bail has been made.
4. Learned A.P.P and learned counsel for the informant have opposed the prayer for bail.
5. Considering the materials available on record, nature of allegation and the factual matrix and the trade rivalry between the parties, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the above named applicant is directed to surrender in the Court below within four weeks from the date of receipt/production of this order and in the event of his arrest or surrender, the Court below A.B.A. No.11708 of 2022 shall enlarge the above named applicant, on bail, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sahibganj in connection with Sahibganj (M) P.S. Case No.29 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
6. The applicant will report to the concerned police station once in a month. Further, the applicant will submit self-attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.) Shahid