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2025 DAILYLAW 16964 (JHR)

ABHAY KUMAR v. STATE OF JHARKHAND

A.B.A./4119/2025 · 2025-08-06

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:22067 ) -1- A.B.A. No. 4119 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4119 of 2025 1. Abhay Kumar, aged about 60 years, son of Late Parmeshwar Sah 2. Avinash Kumar, aged about 29 years, son of Abhay Kumar 3. Kiran Devi, aged about 47 years, wife of Abhay Kumar All are residents of Village- Paharpur, P.O. Dighi Simanpur, P.S. Meharma, District- Godda … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P. For the Informant : Md. Sajid Yunus, Advocate Mr. Deepak Kumar, Advocate ----- 05/06.08.2025 The petitioners are apprehending their arrest in connection with Meharma P.S. Case No.41/2025, registered for the offence under Sections 115(2), 118(1), 117(2), 109, 303(2), 352, 351(2), 351(3), 3(5) of Bhartiya Nyaya Sanhita, pending in the Court of the learned Judicial Magistrate, 1st Class, Godda. 2. Learned counsel for the petitioners submits that all family members have been implicated in the case and there is case and counter case between the parties. He submits that the present case has been lodged on 28.03.2025 at 16:30 hours and the petitioners have also lodged the case on the same day at 17:10 hours. He further submits that both the sides are family members and scuffle took place between them due to some land dispute. 3. The said prayer is being opposed by the learned counsel for the State and informant jointly and they submit that there is allegation against the petitioners and the injury has also been found and in view of that, the learned Court has rightly rejected their prayer for anticipatory bail. ( 2025:JHHC:22067 ) -2- A.B.A. No. 4119 of 2025 4. Looking into the FIR, it transpires that there is general and omnibus allegation against the petitioners. There is case and counter case between the parties and it is not clear due to whose assault, the said injury has been received by the informant and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 5. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, 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 Judicial Magistrate, 1st Class, Godda in connection with Meharma P.S. Case No.41/2025, subject to the condition as laid down Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Accordingly, this application is disposed of. (Sanjay Kumar Dwivedi, J.) Ajay/