Santosh Kumar Seth And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

Apprehending their arrest in connection with Baghmara P.S. Case No.55 of 2022 instituted under Sections 323, 341, 353, 504, 506, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners used criminal force against the public servant- police personnel, manhandled the informant and snatched his batch from his shoulder and deterred him from discharging his duty. It is submitted that the allegation against the petitioners is false. It is further submitted that the petitioner No.1 is the nephew of Dinesh Ram and because of dispute between the petitioners and Dinesh Ram a proceeding under Section 144 Cr.P.C. was initiated vide M.P. Case No.1040 of 2020 in the court of Sub Divisional Officer, Dhanbad in which police has submitted a report that the members of the second party are in possession of the land bearing Mauza No.101 (Harna), Khata No.07, Plot No.940. It is next submitted that the genesis of the occurrence is a petty dispute between the petitioners and Dinesh Prasad Seth. It is also submitted that no injury has been caused to anybody. It is further submitted that the petitioners undertake that they will not go to or over the land bearing Mauza No.101 (Harna), Khata No.07, Plot No.940 during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six 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 S.D.J.M., Dhanbad in connection with Baghmara P.S. Case No.55 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 they will not go to or over the land bearing Mauza No.101 (Harna), Khata No.07, Plot No.940 during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.