PRINCIPAL BENCH JHARKHAND
JIVAN ORAON ALIAS SIVAN ORAON ALIAS SHIVAN ORAON – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
A.B.A. 9272 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.9272 of 2023
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Jivan Oraon @ Sivan Oraon @ Shivan Oraon
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Petitioner
Versus
The State of Jharkhand
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.... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner
: Mr. Prashant Kr. Rahul, Advocate
For the State
: Mr. Bishambhar Shastri, Addl.P.P
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Order No.02 Dated- 03/11/2023
Heard the parties.
Apprehending his arrest in connection with Latehar P.S. Case No.05 of
2022 instituted for the offences punishable under Sections 341, 323, 324, 307,
34 of the Indian Penal Code, 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 petitioners, in furtherance of
common intention with the co-accused persons attempted to murder the
grandfather of the informant- Ramsewak Sao and caused injuries to him. It is
submitted that the allegation against the petitioner is false. It is further
submitted that the genesis of the occurrence is a petty dispute between the
parties. It is next submitted that the co-accused, with similar allegations, has
already been given the privileges of anticipatory bail a co-ordinate Bench of
this Court vide order dated 23.05.2022 passed in A.B.A. No.3810 of 2022. It is
further submitted that the petitioner undertakes that he will not disturb or
annoy the informant or any of his family members in any manner during the
pendency of the case. 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 C.J.M.,
Latehar in connection with Latehar P.S. Case No.05 of 2022 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 that he will not change his mobile number during the
pendency of the case and he will not disturb or annoy 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 438(2) of the Code of Criminal
Procedure.
(Anil Kumar Choudhary, J.)
Animesh/
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