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2025 DAILYLAW 17686 (JHR)

DHEERAJ KUMAR ALIAS DHIRAJ GUPTA v. STATE OF JHARKHAND

A.B.A./4252/2025 · 2025-08-12

Sanjay Kumar Dwivedi

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Judgment text

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2025:JHHC:23216 --1-- A.B.A. No. 4252 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4252 of 2025 ---- Dheeraj Kumar @ Dhiraj Gupta, aged about 25 years, son of Lala Gupta, resident of Sonar Muhalla, near Bagicha, PO and PS – Ramgarh, District – Ramgarh, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Md. Faiz Ahmed, Advocate For the State :- Mr. Santosh Kr. Shukla, Advocate ---- 04/12.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Ramgarh P.S. Case No.76 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 109(1), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Civil Court, Ramgarh. 3. Learned counsel appearing for the petitioner submits that in identical situation two of the co-accused persons have been granted anticipatory bail by learned Sessions Judge in ABP No.138 of 2025. He further submits that the altercation took place in Holi festival and the allegation of assault is not against the petitioner that is against one Sumit Soni and the allegation against the petitioner is made out for holding the victim. He submits that the petitioner has got no 2025:JHHC:23216 --2-- A.B.A. No. 4252 of 2025 criminal antecedent as disclosed in paragraph No.16 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that the persons who have been granted anticipatory bail by learned Sessions Judge were only present at the spot and the allegation of holding the victim is not against those persons. 5. Considering that the petitioner has got no criminal antecedent as disclosed in paragraph No.16 of the petition and the assault has been made by one Sumit Soni, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Civil Court, Ramgarh in connection with Ramgarh P.S. Case No.76 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/