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2025 DAILYLAW 37218 (JHR)

BALESHWAR MANDAL v. THE STATE OF JHARKHAND

A.B.A./7096/2025 · 2025-12-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:37392 --1-- A.B.A. No. 7096 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7096 of 2025 ---- Baleshwar Mandal, aged about 42 years, S/o Late Moti Mandal, resident of village – Pariyana, PO – Ranikawa, PS – Pachamba, District – Giridih .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Avishek Chandra, Advocate :- Mr. Pranabesh Kr. Paul, Advocate For the State :- Mr. Suraj Deo Munda, Advocate ---- 04/12.12.2025 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 Pachamba P.S. Case No.102 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 118(2), 109(1), 304(2), 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be a labourer and he earns his livelihood by way of doing labour work. He further submits that falsely the name of the petitioner has been implicated in this case and the petitioner has nothing to do with the said allegation. He then submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.12 of the petition. He next submits that 2025:JHHC:37392 --2-- A.B.A. No. 7096 of 2025 the injury has been found to be simple, however, on the wrong submission of learned counsel appearing for the State, learned Sessions Judge has noted injury is grievous in nature. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there against the petitioner of assault and in the injury is also there. 5. In the course of the argument, learned counsel appearing for the petitioner has produced the injury report of Civil Assistant Surgeon, Sadar Hospital, Giridih wherein the nature of injury is said to be simple and it has been pointed out that the petitioner is doing the work of labourer and he earns his livelihood by way of doing labour work, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Giridih in connection with Pachamba P.S. Case No.102 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 12.12.2025 Sangam/