SANTOSH PRASAD ALIAS SANTOSH KUMAR GUPTA v. THE STATE OF JHARKHAND
A.B.A./5982/2025 · 2025-10-13
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33283 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33283 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 A.B.A. No. 5982 of 2025
2025:JHHC:31535 IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 5982 of 2025
---- Santosh Prasad @ Santosh Kumar Gupta aged about 38 years son of late Nandan Saw @ Nandan Prasad resident of Village Nawatand, PO and PS Nawadiha Bazar District Palamau, Jharkhand... 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. Pratiyush Shounikya, Advocate
For the State
:- Mr. Praful Jojo, Advocate
---- 4/13.10.2025 Heard learned counsels for petitioner and for State.
2.
The petitioner is apprehending his arrest in connection with Pratappur PS Case No.140 of 2024, for offence registered under section 103(1), 351(2), 351(3), 352/ 3(5) of BNS, 2023, secton 3/4 of Prevention of Witch (Daain) Practices Act and section 27 of the Arms Act, pending in court of learned Chief Judicial Magistrate, Chatra.
3.
Learned counsel for petitioner submits that the petitioner has earlier moved in ABA No.2664 of 2025 which was dismissed as withdrawn by the order dated 05.05.2025. He further submits that subsequently the co-accused has been granted anticipatory bail by the co-ordinate Bench in ABA No.4651 of 2025 by order dated 29.8.2025. He then submits that in view of the changed circumstances, the present petition has been filed. He next submits that there is new ground in view of the fact that compromise has been reached between the parties. He then submits which has been recorded in the order dated 29.08.2025 in ABA No.4651 of 2025. He further submits that in the compromise, it has come that on misconception it has been filed. He then submits that there are general and omnibus allegations
2 A.B.A. No. 5982 of 2025
against the petitioners.
4. Learned State counsel opposes prayer and submits that earlier the petition has been withdrawn however he is not disputing the fact that the coaccused person has been granted anticipatory bail in ABA No.4651 of
2025.
5. Considering that under the changed circumstances the second anticipatory bail application can be maintained and the changed circumstance is noted in the argument of the learned counsel for the petitioner and in view of that the coordinate Bench has subsequently granted anticipatory bail to one of the coaccused by order dated 29.08.2025 and considering that compromise has been reached between the parties, I am inclined to grant anticipatory bail to petitioner.
6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Pratappur PS Case No.140 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) 13.10.2025 SI/