NIRANJAN MAHTO NIRANJAN KUMAR MAHTO v. THE STATE OF JHARKHAND
A.B.A./2531/2025 · 2025-07-08
Sri Ananda Sen
body2025
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[ 2025 DAILYLAW 8001 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8001 (JHR) · dailylaw.ai ]
Judgment text
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2025:JHHC:18323 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2531 of 2025 ------
1. Niranjan Mahto @ Niranjan Kumar Mahto
2. Birbal Mahto
3. Jagdish Mahto
4. Deepak Mahto
5. Tarkeshwar Mahto @ Talkeshwar Mahto
6. Runawa Devi @ Runa Devi @ Fanava Devi
7. Anamika Devi
8. Gudiya Devi
9. Rinki Devi
10. Sanjoti Devi @ Sanyoti Devi
11. Pabita Kumari @ Pabita Devi
12. Hemanti Devi
13. Suman Devi … … Petitioners Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Seema Kashyap, Advocate For the State : Mr. Rajesh Kumar, A.P.P. -----
06/ 08.07.2025
Heard the parties.
2.
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest in connection with Kasmar P.S. Case No.60 of 2024, for offences under Sections 147, 148, 149, 341, 323, 379, 307, 504 and 506 IPC. The case is presently pending before the Court of learned Judicial Magistrate 1st Class, Bermo at Tenughat.
3.
Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
4.
The allegation against all the petitioners is that they have assaulted the informant party. The dispute is in respect of construction of a house by the petitioners over the khatiyani land
2025:JHHC:18323 of the informant, which was objected by the informant.
5.
After hearing the parties and going through the records, I find that there is no specific allegation that these petitioners had committed theft of any property. Further, from the injury report, I find that Section 307 IPC prima facie is not attracted so far as these petitioners are concerned, as there is only one abrasion and there is lower back pain on one of the victims and in respect of other victim, there is bleeding from the nostril and there is general body pain.
6.
Thus, in my opinion, the non-bailable Sections i.e. 379 and 307 IPC prima facie do not attract. The rest of the Sections are bailable in nature. Thus, I direct the petitioners to appear before the concerned Court, who will pass an appropriate order considering the aforesaid observation given by this Court.
7.
Accordingly, this Anticipatory Bail Application stands
disposed of.
(ANANDA SEN, J.) Prashant. Cp-3