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2025 DAILYLAW 29481 (JHR)

ASHARFI RAM v. THE STATE OF JHARKHAND

A.B.A./7648/2024 · 2025-06-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16720 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7648 of 2024 ------ 1. Asharfi Ram, S/o Late Dukhi Ram 2. Shiv Nath Ram, S/o Sri Asharfi Ram 3. Shanti Devi, W/o Sri Shiv Nath Ram 4. Abhay Kumar, S/o Sri Shiv Nath Ram 5. Nirbhay Kumar, S/o Sri Shiv Nath Ram 6. Nirjay Kumar, S/o Sri Shiv Nath Ram … … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Manoj Kr. No.2, Advocate For the State : Mr. Arup Kr. Dey, A.P.P. Mr. Ayush Kumar Verma, Advocate ----- 05/ 24.06.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest for offences under Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 303(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. Learned A.P.P. representing the State and learned counsel representing the informant oppose the prayer for anticipatory bail. Learned counsel representing the informant submits that the parties have resolved their dispute amicably. 4. Learned counsel representing the petitioners submits that Section 109 of the BNS, 2023 is the only Section which is non- bailable in nature and other provisions of law which have been attracted are bailable. He submits that Section 109 of the BNS is not attracted in this case as the assault is on the neck by lathi and further the parties have compromised. 2025:JHHC:16720 2 5. After going through impugned order, I find that there is only one bruise on the right side of the neck, which is simple in nature, caused by hard and blunt substance. 6. Considering the nature of injury, and the fact that the villagers have resolved their dispute amicably, I am inclined to grant anticipatory bail to these petitioners. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Nagar Untari, Garhwa, in connection with Dhurki P.S. Case No.126 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3