Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 35977 (JHR)

KINKAR CHAWHAN v. THE STATE OF JHARKHAND

A.B.A./5749/2025 · 2025-09-26

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:30365 ) -1- A.B.A. No. 5749 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5749 of 2025 1. Kinkar Chawhan, aged about 63 years, son of Sukhdev Chawhnan 2. Babu Kumar @ Dhananjay Kumar Chawhan @ Babu Chawhan @ Dhananjay Kumar, aged about 30 years 3. Piyush Chouhan @ Mritunjay Chouhan @ Piyush Chawhan @ Mritunjay Chawhan, aged about 28 years 4. Chhotu Chawhan @ Bijay Chawhan, aged about 27 years Petitioner Nos. 2 to 4 are sons of Kinkar Chawhan All resident of Village- Maheshpur, P.O. AD Maheshpur, P.S. Basantrai, District- Godda, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Manoj Kumar Sah, Advocate For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P. ----- 04/26.09.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Basantrai P.S. Case No.34 of 2025, registered for the offence under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 303(2), 76 and 3(5) of the BNS, pending in the Court of the learned Judicial Magistrate, 1st Class, Godda. 3. Learned counsel appearing for the petitioners submits that there are general and omnibus allegations against all the accused persons. He further submits that both the sides are claiming the same land and for that altercation took place. He also submits that Annexure-2 is the Parcha in which name of the ancestor of the petitioners with regard to the said land is disclosed. He then submits that the further allegation is made of molestation against petitioner no.1, who is aged about 63 years and further who is father of petitioner nos. 2 to 4. ( 2025:JHHC:30365 ) -2- A.B.A. No. 5749 of 2025 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of scuffle and even of molestation. 5. Regard being had to the aforesaid facts and circumstances of the case and considering that petitioner no.1 is aged about 63 years and the allegation is made against him of molestation and he happened to be the father of petitioner nos. 2 to 4 and there are general and omnibus allegations against the petitioners, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Godda in connection with Basantrai P.S. Case No.34 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: 26th September, 2025 Ajay/