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2025 DAILYLAW 23271 (JHR)

KEDAR NAYAK ALIAS KEDAR PRASADI NAYAK v. STATE OF JHARKHAND

A.B.A./4634/2025 · 2025-08-21

Sanjay Kumar Dwivedi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:24651] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4634 of 2025 1. Kedar Nayak @ Kedar Prasadi Nayak, aged about 55 years, son of Prasadi Nayak, 2. Mathura Nayak, aged about 42 years, son of Prasadi Nayak, 3. Prasadi Nayak, aged about 81 years, son of Late Nanhku Nayak, 4. Munni Devi, aged about 52 years, wife of Kedar Nayak @ Kedar Prasadi Nayak, All are resident of village- Nandodih, P.O.- Makatpur, P.S.-Jainagar, District- Koderma. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Randhir Kumar, Advocate. For the State : Mr. V.S. Sahay, A.P.P. ------ 03/ 21.08.2025 Heard learned counsel appearing for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Jainagar P.S. Case No. 51 of 2025, registered for the alleged offence under Sections 126(2), 115(2), 118(1), 118(2), 191(1), 191(2), 303(2), 79, 324(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Sub-Divisional Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioners submits that there is case and counter case between the parties and the scuffle took place due to dispute with regard to irrigating the field by way of using the machine from the well and the petitioners’ side has also filed a case, which is numbered as Jainagar P.S. Case No. 53 of 2025 and both the sides have received injuries. He further submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-17 of the petition. 4. Learned A.P.P. appearing for the State has opposed the [2025:JHHC:24651] -2- prayer and submits that the allegations are there of assault. 5. Considering that there is case and counter case between the parties and both the sides have received injuries and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-17 of the petition, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Koderma, in connection with Jainagar P.S. Case No. 51 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-