[ 2025:JHHC:37090] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5191 of 2025 Rajat Yadav @ Sarvjeet Yadav, Aged about 19 years, Son of Lal Babu Yadav, Resident of-Kendua Bazar, Post Office-Kusunda, Police Station:-Kenduadih, District-Dhanbad, Jharkhand. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Ranjan Kumar Singh, Advocate. For the State : Mr. Ajay Kumar Pathak, A.P.P. ------ 03/ 10.12.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Kenduadih P.S. Case No. 56 of 2025, registered for the offences under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 117(2), 118(1), 109(1), 351 (2) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioner submits that there is general and omnibus allegation of assault against the petitioner and the allegations of assault are made against the petitioner upon Pramila Devi, however, Pramila Devi has received simple injury. He also submits that so far as grievous injuries received by Sunil, Akshay and Mahesh Yadav are concerned, that is due to assault made by the other co-accused. He also submits that the petitioner is having one criminal antecedent of altercation. He next submits that the petitioner is the neighbour and in view of that the petitioner has been falsely implicated in this case. He then submits that in the similar circumstance, the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 5106 of 2025 by this court. 4. Learned A.P.P. appearing for the State has opposed the [ 2025:JHHC:37090] -2- prayer and submits that the allegation of assault is there against the petitioner upon Pramila Devi. 5. Looking into the contents of the FIR, it transpires that due to assault made by the other, grievous injury has been received by Sunil, Akshay and Mahesh Yadav. There is no doubt that allegation is there of assault against the petitioner upon Parmila Devi, however Parmila Devi has received minor injury and it has come in para-22 of the case diary. Criminal antecedent is one of the criteria for consideration of anticipatory bail or regular bail, however that cannot be the sole criteria for allowing or rejecting the anticipatory bail or regular bail and further in the similar circumstance, the other co- accused has already been provided the privilege of anticipatory bail in A.B.A. No. 5106 of 2025 by this court. In the attending facts and circumstances of this case, I am inclined to provide privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, 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 Judicial Magistrate, Dhanbad, in connection with Kenduadih P.S. Case No. 56 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:-10.12.2025 Amitesh/-