SANTOSH THAPA ALIAS SANTOSH BAHADUR v. THE STATE OF JHARKHAND
A.B.A./5584/2025 · 2025-09-19
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26053 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26053 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:29013] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5584 of 2025
Santosh Thapa @ Santosh Bahadur aged about 38 years son of Late Gopal Bahadur resident of Dhirajganj, Gamharia, Balrampur, (Kharsawan). P.O.+P.S.-Gamharia, District-Seraikella.
..... … Petitioner
Versus The State of Jharkhand.
..... … Opposite Party
--------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Rohit Agarwal, Advocate. For the State
: Mr. Saket Kumar, A.P.P. ------
03/ 19.09.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with Adityapur P.S. Case No. 40 of 2025, registered for the offences under Sections 109, 61(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, pending in the court of learned Chief Judicial Magistrate, Seraikella.
3.
Learned counsel appearing for the petitioner submits that so far assault is concerned that has been made by one Ajay Thappa and the petitioner was sitting outside the place of occurrence. He further submits that the injury has not been received due to any act of the petitioner. He submits that in the similar circumstance, the other co- accused has already been provided the privilege of anticipatory bail in A.B.A. No. 5426 of 2025 by this court.
4.
Learned A.P.P. appearing for the State has opposed the prayer and submits that the assault has been made.
5.
Looking into the impugned order, it transpires that there is no discussion of the injury and there is allegation of assault upon one
[2025:JHHC:29013] -2-
Ajay Thappa and that allegation is not against the petitioner and further in the similar circumstance, the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 5426 of 2025 by this court, I am inclined to provide the privilege of anticipatory bail to the petitioner.
6.
Accordingly, the petitioner, named above, 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 Chief Judicial Magistrate, Seraikella, in connection with Adityapur P.S. Case No. 40 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated:-19.09.2025
Amitesh/-