Ramesh Kumar Choudhary And Others vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard learned counsel for the parties.

Apprehending their arrest in connection with Dumka(M) P.S. Case No. 201/2021 instituted under Sections 342, 353, 186, 504, 506/34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

As per FIR, allegation is that on 14.10.2021 while the police force was on patrolling duty, then petitioners riding on a motorcycle came and started abusing them. Further, Bijay Anand (petitioner) was apprehended and brought to the police station and on the promise of keeping good behavior, he was released. Subsequently, during evening, the police force received information about hue and cry near Radhika Raman Hotel and when they reached near the gate of Shristi Pahar, petitioners abused the patrolling party and used criminal force to deter public servant from discharge their duty.

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 with ulterior motive. No specific overt act has been attributed against the petitioners and petitioner No.2 is a paramedical student. Petitioners have no criminal antecedents and they 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 before the Court below 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.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned JM, Dumka in connection with Dumka(M) P.S. Case No. 201/2021 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.