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2025 DAILYLAW 39455 (JHR)

SHUBHAM KUMAR PATHAK v. THE STATE OF JHARKHAND

A.B.A./6689/2025 · 2025-11-28

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:35609 ) -1- A.B.A. No. 6689 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6689 of 2025 Shubham Kumar Pathak, aged about 26 years, son of Krishna Kumar Pathak, resident of Village- Bijulia, Pathak Tola, P.O. Bijulia, P.S. Chas (M), District- Bokaro (Jharkhand) … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Mahesh Tewari, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. For the Informant : Mr. Rakesh Sharma, Advocate ----- 04/28.11.2025 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the informant. 2. The petitioner is apprehending his arrest in connection with Chas (M) P.S. Case No.107 of 2025, registered for the offence under Sections 74, 75 of the Bharatiya Nyaya Sahnita, 2023, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be a shopkeeper of general store. He further submits that the informant and family members used to take articles from that shop and even some time on credit. He then submits that in view of that altercation took place and false allegation is made against the petitioner. He next submits that the alleged occurrence is said to be on 02.08.2025 whereas the FIR has been lodged on 07.08.2025. He also submits that for the said scuffle, the petitioner has also lodged an FIR against the informant’ side. 4. Learned counsel appearing for the State and informant jointly opposed the prayer and submit that the allegations are there of teasing the informant. ( 2025:JHHC:35609 ) -2- A.B.A. No. 6689 of 2025 5. Looking into the contents of the FIR, it transpires that the said alleged occurrence is dated 02.08.2025, whereas, the FIR has been lodged on 07.08.2025. The petitioner has also lodged the case against the informant’s side. It has been pointed out that there is relationship of customer and shop keeper between the parties and due to some credit, the scuffle took place. 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 shall 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 Judicial Magistrate, 1st Class, Bokaro in connection with Chas (M) P.S. Case No.107 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: 28th November, 2025 Ajay/