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2025 DAILYLAW 23302 (JHR)

JAIPRAKASH MAHTO @ PRAKASH MAHTO v. THE STATE OF JHARKHAND

A.B.A./4984/2025 · 2025-09-01

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:26388] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4984 of 2025 1. Jaiprakash Mahto @ Prakash Mahto, Aged about - 52 years, son of Late Nanku Mahto, 2. Jageshwar Mahto @ Yugeshwar Mahto, aged about 64 Years, son of Late Nanku Mahto. 3. Sona Lal Mahto, aged about 44 years, son of Sri Bigan Mahto,. 4. Surajnath Mahto @ Indru Mahto, aged about 49 years, Son of Late Raghunath Mahto All are Resident of Village- Khakhra, PO Baraudi, P.S - Thakurgaon, District- Ranchi, Jharkhand. ..... … Petitioners Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Nehru Mahto, Advocate. For the State : Mr. Sunil Kumar Dubey, A.P.P. ------ 04/ 01.09.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State. 2. The petitioners are apprehending their arrest in connection with Thakurgaon P.S. Case No. 43 of 2025, registered for the offences under Sections 190/191(2)/191(3)/126(2)/115(2)/117(2) /109/324 (4) /61(2)/303(2) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate-XX, Ranchi. 3. Learned counsel appearing for the petitioners submits that there are general and omnibus allegations against the petitioners of assault. He submits that altercation took place due to land dispute and it is alleged that on 01.07.2025, 50 to 60 persons were assembled, however in FIR, 17-19 persons are named. He further submits that the petitioners are having no criminal antecedent and disclosure to that [2025:JHHC:26388] -2- effect has been made in para-17 of the petition. He further submits that it has not come in the impugned order that what is the nature of the injury. 4. Learned A.P.P. for the State has opposed the prayer and submits that allegations are there against all the accused persons of assault. 5. It transpires from the FIR that 50 to 60 persons were present at the spot, however, the petitioners including 19 persons are named in the FIR. From the FIR, it is not clear that what injury has caused to the informant side 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 Judicial Magistrate-XX, Ranchi, in connection with Thakurgaon P.S. Case No. 43 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-