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2025 DAILYLAW 25567 (JHR)

UMESH SAHU v. THE STATE OF JHARKHAND

A.B.A./5655/2025 · 2025-09-23

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:29460 --1-- A.B.A. No. 5655 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5655 of 2025 ---- 1. Umesh Sahu, aged about 30 years, S/o Bindeshwar Sahu, R/o – village – Bargaon, PO and PS – Sisai, District – Gumla, Jharkhand 2. Mukesh Sahu, aged 29 years, S/o Ram Kishor Sahu, village – Bargaon, PO and PS – Sisai, District – Gumla, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Mohit Prakash, Advocate For the State :- Mr. Sunil Kumar Dubey, Advocate For the Informant :- Mr. Kripa Shankar Nanda, Advocate ---- 04/23.09.2025 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 Sisai P.S. Case No.67 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 117(2), 109/74, 303(2), 352, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Witchcraft Practices Act pending in the Court of learned Sub-Divisional Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioners submits that there are general and omnibus allegation against the petitioners and even the injury has been found to be simple in nature. He further submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.13 of the petition. 2025:JHHC:29460 --2-- A.B.A. No. 5655 of 2025 4. Learned counsel appearing for the State and Informant jointly opposes the prayer and submits that the allegations are there and injury is also there and in view of that the anticipatory bail of the petitioners may kindly be rejected. 5. Looking into the contents of the FIR it transpires that there is direct allegation of assault against one Nandeshwar Sahu and pursuant to that injury has been received, so far these petitioners are concerned there are general and omnibus allegation of assault and it has been pointed out that the petitioners have got no criminal antecedent as disclosed in paragraph No.13 of petition and the petitioners and the informant’s sides are family members, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, 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 petitioners, 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 Sub-Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No.67 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 23.09.2025 Sangam/