IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.9354 of 2022

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Pawan Kumar @ Pawan Yadav

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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 PRADEEP KUMAR SRIVASTAVA

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For the Petitioner

: Mr. Rahul Pandey, Advocate

For the State

: Ms. Sushma Aind, Addl.P.P

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Order No.04 Dated- 08.02.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Barhi P.S. Case No.

72 of 2022 instituted under Sections 188, 147, 269, 270, 435, 295-A, 153-A

of the Indian Penal Code and Sections 3/4 of Jharkhand Epidemic Act

and under Section 51 of Disaster Management Act, the petitioner has

moved this Court for grant of privilege of anticipatory bail.

As per FIR, allegation is that present petitioner along with

100-150 other persons during the procession tried to hurt the religious

sentiments of other community and created communal disharmony and

law and order situation by burning the flag of other community.

Learned counsel for the petitioner has submitted that no specific

overt act has been attributed against the petitioner and he has falsely

been implicated in this case with ulterior motive. Petitioner is a B.A.

student of R.N.Y.M. college, Barhi(Annexure2 series). Petitioner has no

criminal antecedent and other co-accused has already been admitted for

regular bail by the learned court below. Petitioner undertakes to co-

operate with the investigation of the case. Hence, the petitioner may be

extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for

anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature

of allegation against petitioner coupled with materials available on

record, I am inclined to extend privilege of anticipatory bail to the

petitioner. Accordingly, the petitioner is directed to surrender in the

Court within four weeks from today and in the event of his arrest or

surrendering, he will be enlarged on bail on furnishing bail bond of

Rs.20,000/- (Twenty thousand) with two sureties of the like amount

each to the satisfaction of learned JMFC, Hazaribagh in connection with

Barhi P.S. Case No. 72 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 subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

Pappu/