Rajiv Kumar Yadav vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sahibganj (T) P.S. Case No. 63 of 2023, registered under sections 341, 323, 307, 504 and 506/34 of I.P.C. and under section 27 of Arms Act, pending in the Court of learned Chief Judicial Magistrate, Sahibganj.

Learned counsel for the petitioner submits that scuffle took place between informant and accused persons with regard to the minor accident which was taken place. He submits that the petitioner has no criminal antecedent which is disclosed in para 12 of the petition. He submits that the petitioner had arrived at the spot where scuffle was going on. He further submits that allegations are against Anish Yadav and Sudhansu Rai of firing and nothing incriminating has been recovered from the possession of this petitioner.

Learned counsel for the State opposes the prayer for anticipatory bail on the ground that firing was made due to which one Asghar Ansari has received injury.

Considering that nothing has been recovered from the possession of the petitioner and he has no criminal antecedent which is disclosed in para 12 of the petition, allegation of firing is against other accused persons I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) P.S. Case No. 63 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change his mobile number which is indicated in his Aadhar.