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2025 DAILYLAW 20687 (JHR)

SHIVAM KUMAR ALIAS SHIVAM RAY v. THE STATE OF JHARKHAND

A.B.A./4174/2025 · 2025-08-11

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:23148 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4174 of 2025 ---- Shivam Kumar @ Shivam Ray aged about 20 years son of Dilip Kumar r/o Govindra Market Balidih, PO and PS Balidih District Bokaro Jharkhand….. Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Baibhaw Bahlaut, Advocate For the State :- Mr. Suraj Deo Munda, Advocate ---- 2/11.08.2025 Heard learned counsel for the petitioner as well as the learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Balidih P.S. Case No.179 of 2025 , for the offence registered under section 190, 191(2), 191(3), 115(2), 127(1), 117(2), 109, 308(3), 303(2), 352, 351(2) and 118(2) of BNS, 2023, pending in the court of learned Chief Judicial Magistrate, Bokaro. 3. Learned counsel for the petitioner submits that the petitioner is the neighbour of Akash Kumar and the petitioner has gone to the spot not with malicious intention but to save Akash Kumar who is accused no.3 who was being brutally assaulted by Sanjay Tiwari and others as detailed in the FIR lodged in Balidih P.S Case No.178 of 2025. He submits that the case was earlier lodged by the accused no.2 and thereafter the present case has been lodged. He submits that there are case and counter case between the parties and so far as Manoj Tiwary is concerned, there is no injury which has come in the impugned order and the allegations are there against this petitioner that he has assaulted Manoj Tiwary. 4. Learned counsel for the State has opposed the prayer and submits that the injury has been received pursuant to the blow made by the petitioner. 5. Looking to the impugned order it has come that the injury has been received by two persons namely Sanjay Kumar Tiwary and Dhanraj Kumra Tiwary and in the FIR allegation is made that this petitioner has assaulted Manoj Kumar Tiwary and the injury upon him has not been found and he is said to be neighbour and went to pacify the crowd and in the attending facts and circumstances of the case, I am inclined to grant 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, Bokaro, in connection with Balidih P.S. Case No.179 of 2025, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS). 7. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) SI/