VISHAL KUMAR ALIAS VISHAL MAHTO v. THE STATE OF JHARKHAND
A.B.A./4414/2025 · 2025-08-14
Sanjay Kumar Dwivedi
body2025
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[ 2025 DAILYLAW 20120 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 20120 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4414 of 2025
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1. Vishal Kumar @ Vishal Mahto, aged about 28 years, S/o Mahendra Mahto
2. Praveen Kumar @ Paveen Kr. @ Praveen Mahto, aged about 25 years, S/o Mahendra Mahto
3. Mahendra Mahto, aged about 58 years, S/o Ram Awatar Mahto All R/o Shivpuri, Near Petrol Pump, Tanr Balidi, PO and PS – Balidih, District – Bokaro, Jharkhand
.... Petitioners -- 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 Petitioners :- Mr. Baibhaw Gahlaut, Advocate
For the State
:- Mr. Gautam Rakesh, Advocate
For the Informant :- Mr. Mukesh Kumar, Advocate
---- 04/14.08.2025 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the Informant.
2. The petitioners are apprehending their arrest in connection with Balidih P.S. Case No.179 of 2025, for the alleged offences registered under Sections 190, 191(2), 191(3), 115(2), 127(1), 117(2), 109, 308(3), 303(2), 352, 351(2) and 118(2) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Bokaro.
3.
Learned counsel appearing for the petitioners submits that
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the petitioners have been falsely implicated in the case and there is case and counter case between the parties. He submits that the petitioners’ side have firstly lodged the case and after 24 hours the second case has been lodged by the informant’s side. He further submits that there are general and omnibus allegation against the petitioners and they have got no criminal antecedents as disclosed in paragraph No.18 of the petition and in view of that anticipatory bail may kindly be provided to the petitioners.
4.
Learned counsel appearing for the State and Informant jointly opposes the prayer and submits that there is direct allegation against the accused persons and Dhanraj Tiwari has received the injury pursuant to assault by rod.
5. Looking into the contents of the FIR, it transpires that the petitioner No.1 – Vishal Kumar @ Vishal Mahto has assaulted and pursuant to that injury has been received by Dhanraj Tiwari and in that view of the matter I am not inclined to provide anticipatory bail to the petitioner No.1 namely Vishal Kumar @ Vishal Mahto. Hence, the prayer for anticipatory bail of the petitioner No.1 namely Vishal Kumar @ Vishal Mahto is hereby rejected.
6. So far petitioner Nos.2 and 3 namely Praveen Kumar @ Paveen Kr. @ Praveen Mahto and Mahendra Mahto are concerned there are general and omnibus allegation against them and due to their act injury has not been received.
6. Accordingly, the petitioner Nos.2 & 3, above named, are
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hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioner Nos.2 & 3, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No.179 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sanjay Kumar Dwivedi, J.) Sangam/