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2025 DAILYLAW 35392 (JHR)

KONGRESS MAHTO v. THE STATE OF JHARKHAND

A.B.A./6149/2025 · 2025-10-17

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:32324 1 A.B.A. No. 6149 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6149 of 2025 ---- 1.Kongress Mahto, aged about 49 years, son of late Dego Mahto 2.Naresh Mahto, aged about 66 years, son of late Dego Mahto 3.Girish Mahto, aged about 46 years son of late Dego Mahto 4.Avinash Mahto, aged about 56 years son of late Pancham Mahto 5.Paro Mahto, aged about 44 years son of late Pancham Mahto 6.Sunil Mahto, aged about 40 years son of Santoshi Mahto 7.Mathur Mahto, aged about 36 years, son of Ravan Mahto 8.Pramod Mahto, aged about 32 years son of Kirtan Mahto 9.Sadanand Mahto aged about 28 years son of Kirtan Mahto 10.Duryodhan Mahto aged about 31 years son of Avinash Mahto 11.Dilip Mahto @ Dilip Yadav aged about 29 years son of Paro Mahto 12.Manoj Mahto @ Manoj Yadav aged about 31 years son of Naresh Mahto 13.Birbal Mahto @ Birbal Kumar Yadav, aged about 28 years, son of Girish Mahto, All residents of Village Parsiya, PO and PS Pathrol, District Deoghar .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Ankit Kumar, Advocate For the State :- Mr. Azeemuddin, Advocate For the Informant :- Mr. Lakhan Chandra Roy, Advocate Mr. Om Prakash Sharma, Advocate ---- 2/17.10.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Pathrol PS Case No.88 of 2025, for offence registered under section 191(2) 191(3), 109, 303(2), 115(2), 117(2), 351(2) of BNS, 2023, pending in court of learned Sub Divisional Judicial Magistrate, Madhupur. 3. Learned counsel for petitioners submits that there are case and counter case between the parties and altercation took place due to land dispute. He further submits that injury has been found on the informant side however it is not clear as to from whose blow such injury has been received. 4. Learned State counsel as well as the learned counsel for the informant jointly oppose the prayer and submit that in one of the case the petitioner has been released on consideration of Probation of Offenders Act 2025:JHHC:32324 2 A.B.A. No. 6149 of 2025 under section 360 of CrPC. 5. Looking to the contents of the FIR it transpires that there are general and omnibus allegations of assault and there are case and counter case between the parties and it is not clear as to from whose blow such injury has been received by the informant side, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, 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 Sub Divisional Judicial Magistrate, Madhupur, in connection with Pathrol PS Case No.88 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 17.10.2025 SI/