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2025:JHHC:36041 1 A.B.A. No.6838 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 6838 of 2025
---- Pinku Kumar, son of Jaldhar Panda, aged about 27 years, resident of Pratappur, PO Charak Kala, PS- Tundi, District Dhanbad, Jharkhand Pin 828 109
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner
:- Mr. Gajendra Kumar, Advocate
Mr. Shubham Pathak, Advocate
For the State
:- Mr. Arup Kumar Dey, Advocate
---- 2/02.12.2025 Heard learned counsels for petitioner and 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 friend of the petitioner and has assaulted the petitioner misusing the police power. The petitioner was riding the motorcycle along with his friend Gaurav Pandey and the hand of the petitioner’s friend namely Gaurav Pandey has been broken by the informant. He then submits that it has also been published in the news- paper on 02.02.2025. He next submits that his friend namely, Gaurav Pandey was admitted in the SNMMCH, Dhanbad on 01.02.2025 where he has been treated and shifted to Asrafi Hospital, Dhanbad on 04.02.2025. He next submits that on the complaint made by the friend of the petitioner when no FIR was instituted, the friend of the petitioner has
2025:JHHC:36041 2 A.B.A. No.6838 of 2025
further instituted C.P.Case No.8026/2025 on 22.4.2025 at Civil Court, Dhanbad against the informant. 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 namely Gaurav Pandey 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-4, Gaurav Pandey 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 friend of the petitioner who is co-accused namely Gaurav Pandey, his hand was broken and allegation is made against the informant which has already been informed by Gaurav Pandey 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 Gaurav Pandey, and in the
facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner.
6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three 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.
( Sanjay Kumar Dwivedi, J.) 02.12.2025 SI/