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2025 DAILYLAW 38940 (JHR)

GYAN PRAKASH GUPTA v. THE STATE OF JHARKHAND

A.B.A./6332/2025 · 2025-11-11

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:33587 ) -1- A.B.A. No. 6332 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6332 of 2025 Gyan Prakash Gupta, aged about 21 years, son of Manoj Prasad Gupta, residing at Quarter No.L4/174, Old Baradwari, Sakchi, Near Ramlila Maidan, Kalimati, P.O. Sakchi, P.S. Sakchi, District- East Singhbhum (Jharkhand) … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P. ----- 04/11.11.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Sakchi P.S. Case No.100 of 2025, registered for the offence under Sections 126(2)/ 115(2)/117(2)/109(1)/352/3(5) of the BNS and Section 27 of the Arms Act, pending in the Court of the learned Chief Judicial Magistrate, Jamshedpur. 3. Learned counsel appearing for the petitioner submits that the alleged occurrence is said to be occurred on 26.05.2025, whereas, the FIR has been lodged on 02.07.2025. He further submits that the delay caused in filing of the FIR suggests that falsely the petitioner has been made accused in the present case. He then submits that the brother of the informant has borrowed substantial amount of money from the persons of the locality and they had demanded their money from the brother of the informant and the brother of the informant demanded the money from the petitioner to return the debt amount to the local person, but the petitioner had refused to give money and in view of that, altercation took place. He next submits that the petitioner was not present at the place of occurrence nor he has committed any offence. He ( 2025:JHHC:33587 ) -2- A.B.A. No. 6332 of 2025 also submits that the petitioner is own cousin brother of the informant and there is dispute relating to the shop. He further submits that due to old enmity, the said allegations are made against the petitioner. By way of referring paragraph 16 of this application, he submits that the petitioner has got no criminal antecedent. 4. Learned counsel appearing for the State opposed the prayer and submits that the informant and his brother have received injury. 5. Considering that the alleged occurrence is said to be occurred on 26.05.2025, whereas, the FIR has been lodged on 02.07.2025 and it has been pointed out that due to old enmity with regard to shop, the petitioner has been made accused in the present case and the petitioner is the own cousin brother of the informant and further, he has got no criminal antecedent and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur in connection with Sakchi P.S. Case No.100 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: 11th November, 2025 Ajay/