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2025 DAILYLAW 38701 (JHR)

SHIBU YADAV @ SHIBU KUMAR v. THE STATE OF JHARKHAND

A.B.A./4936/2025 · 2025-09-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:30664 ) -1- A.B.A. No. 4565 of 2025 With A.B.A. No. 4936 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4565 of 2025 1. Raushan Yadav @ Raushan Kumar Yadav, aged about 18 years, son of Arbind Yadav 2. Deglal Yadav, aged about 50 years, son of Shambhu Yadav 3. Ramdeo Yadav, aged about 40 years, son of Shambhu Yadav 4. Geeta Devi, aged about 30 years, wife of Govind Yadav All are resident of Village- Kharkota, P.O. Inderwa, P.S. Koderma, District- Koderma … Petitioners -Versus- The State of Jharkhand … Opposite Party With A.B.A. No. 4936 of 2025 Shibu Yadav @ Shibu Kumar, aged about 24 years, son of Rajendra Yadav, resident of Village- Kharkota, P.O. Inderwa, P.S. Koderma, District- Koderma … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Randhir Kumar, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P. (In A.B.A.-4565/25) Mr. Tarun Kumar, A.P.P. (In A.B.A.-4936/25) ----- 05/26.09.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. Both the cases are arising out of same FIR and in view of that, both cases have been tagged by earlier order and are being heard with consent of the parties. 3. The petitioners are apprehending their arrest in connection with Koderma P.S. Case No.80 of 2025, registered for the offence under Sections 74, 109, 115(2), 126(2), 189(2), 190, 191(3), 351(2), 352, 3(5) of the BNS, pending in the Court of the learned Chief Judicial Magistrate, Koderma. 4. Learned counsel appearing for the petitioners submits that there are general and omnibus allegations against all the accused persons. According to him, injury has been received by the informant pursuant to falling down ( 2025:JHHC:30664 ) -2- A.B.A. No. 4565 of 2025 With A.B.A. No. 4936 of 2025 and there are case and counter case between the parties. 5. Learned counsel appearing for the State jointly opposed the prayer and submit that the allegations are there against the petitioners of assault. 6. In view of the above and considering that there are case and counter case between the parties and looking to the contents of the FIR, it transpires that the allegations of assault are there against all the accused persons and there are general and omnibus allegations against them and even in the case diary, nothing specific has come against particular accused of assaulting the informant’s side. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 7. Accordingly, the above-named petitioners in both the cases 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 Chief Judicial Magistrate, Koderma in connection with Koderma P.S. Case No.80 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/