VIJAY YADAV ALAIS VIJAY PRASAD YADAV v. THE STATE JHARKHAND
A.B.A./5617/2025 · 2025-09-22
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25713 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25713 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:29205
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IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5617 of 2025
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1. Vijay Yadav @ Vijay Prasad Yadav, aged about 53 years, son of Chamari Yadav @ Chamani Yadav
2. Chutari Yadav, aged about 42 years, son of Kamal Mahto, both are resident of village – Nagwan, PO – Malda, PS – Gawan, District – Giridih
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. S.K. Murtty, Advocate
For the State
:- Mrs. Ruby Pandey, Advocate
---- 03/22.09.2025 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 Gawan P.S. Case No.68 of 2025, for the alleged offences registered under Sections 109, 115(2), 118(1), 117(2), 126(2), 74, 75, 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate First Class, Giridih.
3.
Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case and there are general and omnibus allegation against the petitioners. He submits that the injury is also simple in nature and in view of that he submits that the anticipatory bail may kindly be granted to the petitioners.
4.
Learned counsel appearing for the State opposes the prayer and submits that there are direct allegation against the petitioners and even the injury has been found to be grievous in nature and in view of that the
2025:JHHC:29205
--2-- A.B.A. No. 5617 of 2025
anticipatory bail of the petitioners may kindly be rejected.
5. Looking into the contents of the FIR the Court finds there is direct allegation against petitioner No.1 of assault and outraging the modesty and in view of that I am not inclined to provide anticipatory bail to the petitioner No.1 namely Vijay Yadav @ Vijay Prasad Yadav. Hence, the prayer for anticipatory bail of the petitioner No.1 namely Vijay Yadav @ Vijay Prasad Yadav is hereby rejected.
6. So far petitioner No.2 is concerned, there are general and omnibus allegation against him and in view of that I am inclined to provide anticipatory bail to the petitioner No.2 namely Chutari Yadav.
7. Accordingly, the petitioner No.2, 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 Judicial Magistrate First Class, Giridih in connection with Gawan P.S. Case No.68 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 22.09.2025 Sangam/