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2025 DAILYLAW 33028 (JHR)

AMAN KUMAR v. STATE OF JHARKHAND

A.B.A./7047/2025 · 2025-12-11

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:37296 --1-- A.B.A. No. 7047 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7047 of 2025 ---- Aman Kumar, aged about 18 years, S/o Bhoj Nath Yadav, R/o village – Salika Mahabir Sthan, PO – Kumardhubi, PS – Chirkunda, District – Dhanbad, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Juhi Kumari, Advocate For the State :- Mr. Sunil Kumar Dubey, Advocate ---- 03/11.12.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Chirkunda P.S. Case No.125 of 2025 for the alleged offences registered under Sections 126(2), 115(2), 118(1), 118(2) and 109 of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR and on reinstatement the name of the petitioner has been taken by the injured. She further submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.20 of the petition. She then submits that the petitioner has come to know about the present case after receiving the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the petitioner has replied to the notice. 2025:JHHC:37296 --2-- A.B.A. No. 7047 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that the allegation is there against the petitioner of assault and injury has also been received. 5. In view of the above and considering that the petitioner is not named in the FIR and in reinstatement the name of the petitioner has been taken by the victim and the petitioner has complied the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 11.12.2025 Sangam/