GOURAV KUMAR PANDEY ALIAS GAURAV KUMAR PANDEY v. THE STATE OF JHARKHAND
A.B.A./7432/2025 · 2025-12-22
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39810 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39810 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:38599 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 7432 of 2025
Gourav Kumar Pandey @ Gaurav Kumar Pandey, Aged abut 31 years, son of Raghupati Pandey, resident of Lakara Khundi, P.O. Charak Kala, P.S. Tundi, District-Dhanbad ...... … Petitioner
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner
:Mr. Arvind Kumar, Advocate For the State : Mr. Ajay Kr. Pathak, A.P.P.
02/ 22.12.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Dhanbad P.S. Case No.42 of 2025, for offence registered under section 132, 351, 352, 3(5) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, at Dhanbad. 3. Learned counsel for petitioner submits that false allegations are made against the petitioner and the alleged occurrence is said to be dated 31.01.2025 and that too against the police officials, however, the FIR has been lodged against the petitioner on 02.02.2025. He further submits that prior to that, the petitioner has made complaint before the Senior Superintendent of Police, Dhanbad and Dy. Superintendent of Police (Law and Order), Dhanbad on 01.02.2025 stating that the informant has broken the left hand of the petitioner and has assaulted the petitioner misusing the police power. The petitioner was riding the motorcycle along with his friend Pinku Kumar and the hand of the petitioner has been broken by the informant. He then submits that it has also been published in the newspaper on 02.02.2025. He next submits that petitioner was admitted in the SNMMCH, Dhanbad on 01.02.2025 where he has been treated and shifted to
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Asrafi Hospital, Dhanbad on 04.02.2025. He next submits that on the complaint made by the petitioner when no FIR was instituted, the petitioner has further instituted C.P. Case No.8026/2025 on 22.4.2025 at Civil Court, Dhanbad against the informant. He then submits that co-accused has been granted anticipatory bail in A.B.A. No.6838 of 2025. On these grounds, he submits that the petitioner may kindly be granted privilege of anticipatory bail. 4. Learned State counsel opposes prayer and submits that in the drunken position, the petitioner and his friend were driving the vehicle and were indulged in altercation with the police officials and in view of that, the anticipatory bail may kindly be rejected. 5.
Considering that the said allegation is stated to be of 31.01.2025 wherein the FIR was lodged on 02.02.2025. In light of the medical papers contained in Annexure-2, petitioner was treated for his left-hand fracture at SNMMCH, Dhanbad and shifted to Ashrafi Hospital, Dhanbad which further strengthens the argument of the learned counsel appearing on behalf of the petitioner. The petitioner’s hand was broken and allegation is made against the informant which has already been informed by this petitioner to Senior Superintendent of Police, Dhanbad and Dy. Superintendent of Police (Law and Order), Dhanbad and when the FIR was not registered further the complaint case has been lodged by petitioner, and in the facts and circumstances of the present case and co-accused has been granted anticipatory bail in the aforesaid A.B.A.
6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to petitioner. 7. Accordingly, petitioner, above named, is hereby directed to
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surrender before learned court within four weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, at Dhanbad, in connection with Dhanbad P.S. Case No.42 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. Dt.22.12.2025
( Sanjay Kumar Dwivedi, J.) Satyarthi-