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2025 DAILYLAW 34732 (JHR)

MUKESH KUMAR SAH ALIAS MUKESH SWARNKAR v. STATE OF JHARKHAND

A.B.A./5834/2025 · 2025-10-06

Sanjay Kumar Dwivedi

body2025

Judgment text

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1 A.B.A. No. 5834 of 2025 2025:JHHC:30797 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 5834 of 2025 ---- 1.Mukesh Kumar Sah @ Mukesh Swarnkar aged about 32 years 2.Lalu Swarnkar @ Dinanath Sah aged about 30 years Both sons of Rajendra Prasad Sah @ Rajendra Sah, resident of Purani Sahibganj, PO and PS Sahibganj (Town) District Sahibganj .... Petitioners -- Versus -- The State of Jharkhand …...... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Vikas Kumar , Advocate For the State :- Mr. Surajdeo Munda, Advocate For the Informant :- Mr. Pratyush Lala, Advocate ---- 2/06.10.2025 Heard learned counsels for petitioners and for State as well the informant. 2. The petitioners are apprehending their arrest in connection with Sahibganj (T) PS Case No.102 of 2025, for offence registered under section 126(2), 115(2), 118(2), 109(1), 352 and 3(5) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, at Sahibganj. 3. Learned counsel for petitioners submits that there are case and counter case between the parties. He further submits that both sides have received injury and injury in the present case received by the informant side is simple. He then submits that in the case lodged by the mother of the petitioner, Bhola Pandit has been granted anticipatory bail in ABA No.5511 of 2025 against whom allegations are there of assault upon Jitendra Pandit. 2 A.B.A. No. 5834 of 2025 4. Learned State counsel opposes prayer and submits that allegations are there of assault. 5. Learned counsel for the informant vehemently opposed the prayer and submits that allegations are there of assault and injury has also been received. 6. Considering that there are case and counter case between the parties and in the case filed on behalf of the petitioners’ side, Bhola Pandit has been granted anticipatory and injury is simple in nature, I am inclined to grant anticipatory bail to petitioners. 7. Accordingly, both petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, at Sahibganj, in connection with Sahibganj (T) PS Case No.102 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 06.10.2025 SI/