Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:37178 ) -1- A.B.A. No. 5726 of 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5726 of 2025
Sunil Kumar Saw, aged about 34 years, son of Late Arjun Saw, resident of Nagarkhara, Jalbabad, P.O. & P.S. Koderma, District- Koderma
… Petitioner
-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 Petitioner : Mr. Pratiush Lala, Advocate
Mr. Deepak Sahu, Advocate For the State
: Mrs. Anuradha Sahay, A.P.P. For the Informant : Mr. Manish Kumar, Advocate
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06/11.12.2025 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the informant.
2. The petitioner is apprehending his arrest in connection with Koderma P.S. Case No.123 of 2025, registered for the offence under Sections 126(2), 115(2), 109(1), 351(2), 303(2), 61(2), 3(5) of the BNS, pending in the Court of the learned C.J.M., Koderma.
3.
Learned counsel appearing for the petitioner by way of inviting attention of the Court to the contents of the FIR submits that it has been alleged that in the night of 04.07.2025 at 09:00 P.M., the occurrence took place and the informant was assaulted, whereas, the FIR has been lodged on
09.07.2025. He next submits that there is no explanation of such delay. He draws attention of the Court to the medical report annexed with the counter affidavit filed by the State and submits that the medical report was prepared on 09.07.2025 at 07:15 P.M., and the age of injury is said to be within 48 hours. He submits that in view of that, the petitioner has been falsely implicated in the case. He also submits that the petitioner has got no criminal antecedent, as disclosed in paragraph 19 of this application.
( 2025:JHHC:37178 ) -2- A.B.A. No. 5726 of 2025
4.
Learned counsel appearing for the State and informant jointly opposed the prayer and submit that the allegations of assault are there. Learned counsel for the informant further submits that the informant is an Army personnel and he resides at the place of his posting and the petitioner is having illicit relationship with the wife.
5. Considering that the alleged occurrence is said to be of 04.07.2025, whereas, the FIR has been lodged on 09.07.2025 and in the medical report, the age of injury is said to be within 48 hours, which prima facie, suggests that the injury was not there on 04.07.2025 and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.
6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Koderma in connection with Koderma P.S. Case No.123 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: 11th December, 2025 Ajay/