Om Prakash Yadav vs The State Of Jharkhand
2025 Latest Caselaw 5338 Jhar

Jharkhand High Court

Om Prakash Yadav vs The State Of Jharkhand on 30 April, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                          2025:JHHC:12965
                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       A.B.A. No. 2591 of 2025
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             Om Prakash Yadav, S/o Rambriksha Yadav, R/o Village- Sariya, P.O. + P.S.-
             Chatra, District- Chatra, Jharkhand                    .... Petitioner(s).
                                                     Versus
             The State of Jharkhand                                 ... Respondent(s)
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                   CORAM        :      SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Birendra Kumar, Advocate For the Resp-State : Mrs. Mohua Palit, Addl. PP .........

02/ 30.04.2025: Heard, learned counsel for the parties.

2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 316(2), 318(4) and 3(5) of BNS, in connection with Pathalgadda P.S. Case No.06 of 2025, pending in the Court of learned Judicial Magistrate 1 st Class, Chatra.

3. There is nothing on record to suggest that there is genuine apprehension of the petitioner of being arrested. This is a case where the punishment is less than seven years, further notice under Section 35(iii) of BNSS has not also been issued to the petitioner, I find that there is no material which would remotely suggest that there is threat of arrest of this petitioner. In that view this anticipatory bail application is not maintainable at this stage, accordingly, the same is hereby disposed of.

4. It is expected that the prosecution will follow guidelines of the judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC

51.

(ANANDA SEN, J.) R.S./