2025:JHHC:11641 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3941 of 2024 ------ 1. Fate Kisku, son of late Langra Kisku 2. Sushil Kisku, son of Fate Kisku 3. Sunil Kisku, son of Fate Kisku 4. Shiv Kisku, son of Jyotin Kisku 5. Devilal Kisku, son of Jyotin Kisku 6. Rawan Kisku, son of late Nandu Kisku 7. Kalidas Kisku, son of late Nandu Kisku 8. Ajay Kisku, son of Kalidas Kisku 9. Rawan Kisku, son of Pagan Kisku All are resident of Village Kukurduba, P.O. + P.S. Littipara, District Pakur, Jharkhand. … … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Mahesh Tewari, Advocate Mr. Yasir Arafat, Advocate For the State : Mr. Arup Kr. Dey, A.P.P. Mr. Achinto Sen, A.P.P. Mr. Niraj Nayan Mishra, Advocate Mr. Ajay Kumar Pathak, Advocate ----- 10/ 17.04.2025 This anticipatory bail application under Section 438 and 440 of the Code of Criminal Procedure, has been preferred by the petitioners apprehending their arrest in connection with Littipara P.S. Case No.04 of 2024, for offences under Sections 147, 148, 149, 341, 504, 323, 324, 325, 326 and 307 IPC. The case is presently pending before the Court of learned ACJM, Pakur. 2. Heard learned counsel for the petitioners and learned counsel for the opposite party – State. 3. Mr. Mahesh Tewari, learned counsel representing the petitioners submits that there is a delay in lodging the instant F.I.R. as the incident had occurred on 23.01.2024 but surprisingly to save skin, the informant had filed this case on 27.01.2024. He further 2025:JHHC:11641 2 submits that in fact, the petitioners were assaulted by the informant party, for which immediately after the occurrence, on 24.01.2024, the petitioners had lodged the F.I.R. He submits that because of the assault, the father of petitioner No.1 had died. It is his case that the land belongs to these petitioners, for which one Jitu Kisku had already filed a case under Section 144 Cr.P.C. The said proceeding was allowed in favour of these petitioners and the opposite parties were restrained from going over the land in question. He refers to Annexure-3 of this Anticipatory Bail Application. He lastly submits that the injury on the informant are simple in nature. 4. Opportunity was given to the State to oppose the anticipatory bail application, which the State availed and opposed. 5. After hearing the parties, I have gone through the documents. 6. Annexure-3 is an order filed under Section 144 Cr.P.C. The said proceeding is between Jitu Kisku and Nepal Marandi. Though, the order was passed in favour of Jitu Kisku, it is the case of the petitioner that Jitu Kisku died issueless and Fate Kisku, who is petitioner No.1 in this case, is his own brother. 7. It is not possible for this Court to come to a conclusion whether Annexure-3 is in respect of the same land or not and who is the title holder of the land. 8. So far as the delay is concerned, I find that the occurrence had taken place on 23.01.2024 but the instant F.I.R. was lodged on 27.01.2024, but there is an explanation. The explanation is that since the injured person were undergoing 2025:JHHC:11641 3 treatment, they could not file the F.I.R. immediately. 9. So far as the case and counter case are concerned, I find that the petitioners have lodged a case on 24.01.2024 and it is also the case that one, from the side of the petitioners has died but the fact which cannot be lost sight of is that there was a fight between the parties and the petitioners were armed with sabal (iron rod), farsa, rod and lathi and there are injuries on the informant’s side also. All these suggest that there was a fight between the parties in respect of land dispute and the persons were injured. Thus, in my opinion, it is not a fit case for grant of anticipatory bail. 10. Accordingly, this Anticipatory Bail Application is dismissed. 11. Interlocutory Application being I.A. No.4414 of 2025 for early listing and final disposal of the case, stands disposed of as having been rendered infructuous, as the matter has been taken up and decided today. (ANANDA SEN, J.) Prashant. Cp-3