IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.3466 of 2022

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1. Rajdeo Mahato

2. Raj Kumar Mahato

3. Upendra Mahato @ Upendra Kumar

4. Naresh Mahato

5. Parmdev Mahato @ Parmdev Kumar Singh

6. Manoj Mahato

7. Santosh Mahato @ Santosh Kumar

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Petitioners

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 Petitioners

: Mr. Anuj Kumar Trivedi, Advocate

For the State

: Mr. V.S. Sahay, Addl.P.P

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Order No.05 Dated- 25.01.2023

Heard learned counsel for the parties.

Apprehending their arrest in connection with Panki P.S. Case No.

04 of 2022 instituted under Sections 147, 148, 341, 323, 325, 307, 504 and

506 of the Indian Penal Code, the petitioners have moved this Court for

grant of privilege of anticipatory bail.

As per FIR, allegation is that petitioners along with others

formed an unlawful assembly and entered into the house of informant

and started abusing and assaulting him by means of lathi, danda, slap

and fist causing injuries to him. It is further alleged that when his son,

daughter and daughter-in-law came to rescue him, they also sustained

injuries.

Learned counsel for the petitioners has submitted that the

petitioners are innocent and have committed no offence at all rather

they have been falsely implicated in this case due to land dispute. The

injuries sustained by the injured are found to be simple in nature,

hence, Section 307of IPC is not attracted in this case and other sections

are bailable in nature. Petitioners undertake to co-operate with the

investigation of the case. Hence, the petitioners may be extended the

privilege of anticipatory bail.

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

anticipatory bail of the petitioners.

Considering the facts and circumstances of this case, the nature

of allegation against petitioners coupled with materials available on

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

petitioners. Accordingly, the petitioners are directed to surrender in the

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

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

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

amount each to the satisfaction of learned CJM, Palamau in connection

with Panki P.S. Case No. 04 of 2022 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.

(Pradeep Kumar Srivastava, J.)

Pappu/