JHARKHAND HIGH COURT ISSUES ORDER FOR PADRA HANSDA AND ORS. V/S THE STATE OF JHARKHAND

RANCHI, India, Oct. 9 -- Jharkhand High Court issued the following order on Sept. 9:

1. Heard learned counsels for petitioners and for State.

2. The petitioners are apprehending their arrest in connection with Rikhiya PS Case No.157 of 2023, for offence registered under section 147, 148, 149, 341, 342, 323, 324, 325, 307, 379, 504, 506 of IPC, pending in court of learned Judicial Magistrate First Class, Deoghar.

3. Learned counsel for petitioners submits that there are case and counter case between the parties and there are general and omnibus allegations against all the accused persons. He submits in view of that anticipatory bail may kindly be granted to the petitioners.

4. Learned State counsel opposes prayer and submits that grevious injury has been received and there is direct allegation of assault upon the petitioner no.1 and petitioner no.7 namely, Padra Hansda @ Sohan Hansda and Barku Hansda @ Barka Hansda, respectively.

5. Looking to the contents of the FIR it transpires that there is direct allegation upon petitioner nos.1 and 7 and in view of that, I am not inclined to grant anticipatory bail to the petitioner no.1 and petitioner no.7 namely, Padra Hansda @ Sohan Hansda and Barku Hansda @ Barika Hansda respectively, and as such, the prayer for anticipatory bail with respect to petitioner nos.1 and 7 is hereby rejected.

6. So far as the petitioner nos.2 to 6 are concerned, there are general and omnibus allegations against them and there are case and counter case between the parties and in view of that, I am inclined to grant anticipatory bail to petitioner nos.2 to 6.

7. Accordingly, petitioner nos.2 to 6, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioner nos.2 to 6, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Deoghar, in connection with Rikhiya PS Case No.157 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

8. This petition is dismissed with respect to petitioner nos.1 and 7, and this petition is allowed with respect to petitioner nos.2 to 6.

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