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2026 DAILYLAW 10179 (JHR)

DURYODHAN GOPE v. STATE OF JHARKHAND

A.B.A./877/2026 · 2026-02-17

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:4500 --1-- A.B.A. No. 877 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 877 of 2026 ---- Duryodhan Gope, aged about 20 years, S/o Dhanpati Gope, resident of village – Jambad, PO – Pungora, PS – Ghatshila, District – East Singhbhum .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Vaishnavi Kaushik, Advocate For the State :- Mrs. Anuradha Sahay, Advocate ---- 02/17.02.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Ghatshila P.S. Case No.50 of 2025, for the alleged offences registered under Sections 115(2), 118(1), 117(2), 118(2), 329(3), 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Additional Chief Judicial Magistrate, Ghatshila. 3. Learned counsel appearing for the petitioner submits that there are case and counter case between the parties and both the sides have received the injury. He further submits that the petitioner’s side has lodged the FIR on 18.07.2025 wherein the present case has been lodged on 20.07.2025 for the same incident. He then submits that in identical situation co-accused persons have already been granted anticipatory bail in ABA Nos.5881 of 2025 and 439 of 2026. He next submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition. He also submits that the petitioner is a student aged 2026:JHHC:4500 --2-- A.B.A. No. 877 of 2026 about 22 years. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of assault and injury is found to be serious. 5. Considering that both the sides have lodged the case for the same incident and the first case has been lodged by petitioner’s side on 18.07.2025 and the present case has been lodged on 20.07.2025 and the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition and in identical situation co-accused persons have already been granted anticipatory bail in the aforesaid ABAs, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, 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), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Ghatshila in connection with Ghatshila P.S. Case No.50 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 17.02.2026 Sangam/