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2025 DAILYLAW 22989 (JHR)

MUNDRIKA PRASAD @ MUNDRIKA SAO v. THE STATE OF JHARKHAND

A.B.A./5127/2025 · 2025-09-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:27168 --1-- A.B.A. No. 5127 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5127 of 2025 ---- 1. Mundrika Prasad @ Mundrika Sao, aged about 80 years, S/o Late Ramdas Sao 2. Upendra Prasad @ Upendra Sao, aged about 48 years, S/o Mundrika Kumar Gupta 3. Motichand Prasad, aged about 58 years, S/o Mundrika Sao 4. Birendra Prasad @ Birendra Prasad Sah, aged about 43 years, S/o Mundrika Saw 5. Arjun Kumar Gupta @ Arjun Kumar, aged about 30 years, S/o Moti Chand Prasad 6. Shravan Kumar Gupta @ Shravan Kumar, aged about 21 years, S/o Upendra Prasad Gupta All are R/o at Ramna, PO and PS – Ramna, District – Garhwa, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Raj Nandan Chatterjee, Advocate For the State :- Ms. Mohua Palit, Advocate ---- 04/08.09.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Ramna P.S. Case No.47 of 2025, for the alleged offences registered under Sections 126(2), 115(1), 117(2), 118(2), 109, 351(2) & (3), 3(5) and 352 of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate First Class, Nagar 2025:JHHC:27168 --2-- A.B.A. No. 5127 of 2025 Untari, Garhwa. 3. Learned counsel appearing for the petitioners submits that there are general and omnibus allegation against the petitioners of assault and the injury has been received. He submits that the altercation took place with regard to the construction of the house on the ancestral property. 4. Learned counsel appearing for the State opposes the prayer and submits that grievous injury has been received by the informant. 5. Looking into the contents of the FIR it transpires that there is direct allegation of assault against petitioner Nos.2 and 3 and in view of that I am not inclined to provide anticipatory bail to the petitioner Nos.2 and 3 namely Upendra Prasad @ Upendra Sao and Motichand Prasad respectively. Hence, the prayer for anticipatory bail of the petitioner Nos.2 and 3 namely Upendra Prasad @ Upendra Sao and Motichand Prasad respectively are hereby rejected. 6. So far petitioner Nos.1, 4, 5 and 6 are concerned, there are general and omnibus allegation against them and due to their assault such injury has not been received and in view of that I am inclined to provide anticipatory bail to the petitioner Nos.1, 4, 5 and 6 namely Mundrika Prasad @ Mundrika Sao, Birendra Prasad @ Birendra Prasad Sah, Arjun Kumar Gupta @ Arjun Kumar and Shravan Kumar Gupta @ Shravan Kumar respectively. 2025:JHHC:27168 --3-- A.B.A. No. 5127 of 2025 7. Accordingly, the petitioner Nos.1, 4, 5 and 6, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioner Nos.1, 4, 5 and 6, 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 Judicial Magistrate First Class, Nagar Untari, Garhwa in connection with Ramna P.S. Case No.47 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/