JHARKHAND HIGH COURT ISSUES ORDER ON SUNNY YADAV V/S THE STATE OF JHARKHAND

RANCHI, India, Feb. 12 -- Jharkhand High Court issued the following order on Jan. 12:

1. Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State.

2. The petitioner is apprehending his arrest in connection with Dhanbad P.S. Case No.435 of 2023, for the offence registered under Sections 341, 323, 324, 307, 504, 506 and 34 of IPC, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.

3. Learned counsel appearing for the petitioner submits that allegation of assault is made against 20 to 25 unknown persons. He also submits that although the petitioner is named in the FIR, however the allegations are general and omnibus in nature and the co-accused namely Nitish Rana @ Nitish Kumar has been granted anticipatory bail by the learned Sessions Judge by way of Annexure2. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 10 of the petition.

4. Learned counsel appearing for the State opposed the prayer and submits that allegation of assault is there.

5. Looking into the contents of the FIR, it transpires that the allegations of assault are there against 20 to 25 persons. Petitioner is named in the FIR; however, the allegation is general and omnibus in nature. Petitioner has got no criminal antecedent as disclosed in Para 10 of the petition and the identical situation co-accused has been granted anticipatory bail by the learned Sessions Judge, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner, above named, is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Dhanbad P.S. Case No.435 of 2023, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

7. This Anticipatory Bail Application is accordingly allowed and disposed of.

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