Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:19731
-1- A.B.A. No. 3760 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 3760 of 2025
---- 1.Manoj Kumar Sah, aged about 35 years son of Shiv Narayan Sah 2.Bhim Sah @ Ram Chhabila Sah @ Bhim Sah, aged about 52 years, son of Khiro Sah, Both are resident of Village Sathibad, P.O. Chapuadih, P.S. Bengabad, District Giridih
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Kamdeo Pandey, Advocate
For the State
:- Mr. V.K. Vashistha, Spl.P.P.
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5/18.07.2025 Heard the learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the respondent State.
2. The petitioners are apprehending their arrest in connection with Bengabad P.S. Case No.197 of 2023 for the offences registered under sections 147, 149, 341, 323, 325, 307, 379, 504 and 506 of the IPC, pending before the learned Chief Judicial Magistrate, Giridih.
3.
Learned counsel appearing for the petitioners submits that the petitioners have earlier moved A.B.A No.2570 of 2024 and by the order dated 16.05.2024 and the petitioner nos.2,3,5,6 and 7 of that case have been granted anticipatory bail, however, the petitioners-herein have not pressed their anticipatory bail application on that day. He submits that identical allegation is there against Harkhu Sah of assaulting by rod and the same allegation is also there against these petitioners. He further submits that there is case and counter case between the parties and the petitioners and informant are family members. He submits that in the changed situation, the anticipatory bail is maintainable.
2025:JHHC:19731
-2- A.B.A. No. 3760 of 2025
4. The learned counsel appearing on behalf of the respondent State opposes the prayer and submits that earlier the anticipatory bail of the petitioners was rejected.
5. Considering that there is no bar of entertaining the second A.B.A under the changed circumstances and further by the order dated 16.05.2024 in A.B.A. No.2570 of 2024 one Harkhu Sah has been granted anticipatory bail and the same allegation of assault is also there upon him and that allegation is further there upon the petitioners, and in that view of that matter, I am inclined to grant anticipatory bail to the petitioner nos.1 and 2.
6. Accordingly, both the petitioners namely, 1.Manoj Kumar Sah and 2.Bhim Sah @ Ram Chhabila Sah @ Bhim Sah, are directed to surrender before the learned court within three weeks from today.
7. In the event of their surrender or arrest, both the petitioners above- named above, shall be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Bengabad P.S. Case No.197 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C corresponding to Section 482 of Bhartiya Nagrik Suraksha Sanhita (BNSS).
8. This anticipatory bail application is allowed and disposed of.
( Sanjay Kumar Dwivedi, J.) SI/,