SAURAV SAHU ALIAS SAURAV KUMAR v. THE STATE OF JHARKHAND
A.B.A./201/2025 · 2025-07-09
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30762 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30762 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:18541 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.201 of 2025 ------
1. Saurav Sahu @ Saurav Kumar, aged about 27 years,
2. Abhishek Kumar @ Abhishek Sahu, aged about 22 years,
3. Goga Sahu @ Binit Bishal Gupta, aged about 32 years, Petitioners No.1 to 3, all are sons of Sri Vijay Mohan Prasad Resident of Main Road, Shahid Chowk, Latehar, P.O. & P.S. Latehar, District Latehar.
4. Mukesh Upadhyay @ Mukesh Kumar Upadhyay, aged about 21 years, son of Ramanuj Upadhyay, resident of Village Banpur, Latehar, P.O. & P.S. District- Latehar.
5. Ritik Thakur @ Ritik Kumar, S/o Sunil Thakur.
… … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Samir Kumar Lall, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. ----- 06/ 09.07.2025
Heard the parties.
2.
This anticipatory bail application under Section 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, have been preferred by the petitioners apprehending their arrest in connection with Latehar P.S. Case No.131 of 2024, for offence under Sections 126/191(3)/190/118(1)/109(1)/324/303 and 351 of the B.N.S., 2023. The case is presently pending before the Court of learned Chief Judicial Magistrate, Latehar.
3.
Since petitioner No.5 was already arrested, he has withdrawn this application, which is reflected in order dated
12.06.2025.
4.
So far as the other co-accused persons are concerned, I find that there is direct allegation of assaulting the victims though the injuries are simple in nature. Since there is an allegation of assault by these petitioners, the petitioners have to appear before the concerned court. Once the petitioners appears before the concerned Court, the court will take into the consideration that on
2025:JHHC:18541 the facts of this case prima facie Section 109 is attracted or not. So far as the other offence and offence of theft is concerned, the allegations are general in nature and considering that no grievous hurt has been caused, Section 118 is also not applicable. If the petitioners appear, then the aforesaid observation will be considered by the learned court below while passing order in this case.
5.
In view of the aforesaid observation, this Anticipatory Bail Application stands disposed of.
(ANANDA SEN, J.)
Sandeep. Cp-3