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2025 DAILYLAW 39053 (JHR)

BAIJANATH YADAV @ BAIJANATH KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./6998/2025 · 2025-12-09

Sanjay Kumar Dwivedi

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Judgment text

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[ 2025:JHHC:36948 ] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6998 of 2025 1. Baijanath Yadav @ Baijanath Kumar Yadav aged about 32 years, son of Pachan Yadav. 2. Dhupali Yadav @ Dhuplal Yadav aged about 53 years' son of late Pachan Yadav. 3. Mithlesh Yadav @ Mithlesh Kumar Yadav aged about 31 years. 4. Kunti Devi, aged about 51 years, wife of Sona Yadav All residents of Village-Golbadhab, P.O. and P.S.-Domchanch, District-Koderma. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ashok Kumar Singh, Advocate. For the State : Mr. A.P. Topno, A.P.P. For the Informant : Mr. Diwakar Jha, Advocate. ------ 05/ 09.12.2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing for the informant. 2. The petitioners are apprehending their arrest in connection with Domchanch P.S. Case No. 63 of 2025, registered for the offences under Sections 127(1), 127(2), 115(2), 109(1), 118(1), 74, 352, 351(2) and 61(2) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioners submits that both the sides are agnates and there are case and counter case. He next submits that the altercation took place on 31.07.2025, wherein the FIR has been lodged on 05.08.2025. He further submits that there are general and omnibus allegations against all these petitioners. He then submits that the petitioners are having no criminal antecedent and [ 2025:JHHC:36948 ] -2- disclosure to that effect has been made in para-16 of the petition. 4. Learned A.P.P. appearing for the State and learned counsel appearing for the informant have opposed the prayer and submit that even the injuries have been received. 5. In course of the argument, it has been pointed out that both sides have received the injuries and both the sides are agnates and the altercation took place on 31.07.2025 due to land dispute between the parties, wherein the FIR has been lodged on 05.08.2025 and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition, I am inclined to provide privilege of anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the 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 the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Domchanch P.S. Case No. 63 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:-09.12.2025 Amitesh/-