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2026 DAILYLAW 10502 (JHR)

MAHENDRA SINGH v. THE STATE OF JHARKHAND

A.B.A./6301/2025 · 2026-02-04

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:2942 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6301 of 2025 ---- 1.Mahendra Singh, aged about 59 years, son of Babun Singh 2.Anju Kumari, aged about 39 years, wife of Rajendra Singh 3.Mahesh Kumar Singh @ Mahesh Singh, aged about 28 years, son of Mahendra Singh 4.Rajendra Singh, aged about 43 years, son of Lali Singh 5.Asha Devi aged about 36 years, wife of Rajendra Singh, All are reidents of Village Jamuniya, PO and PS Domchanch, District Koderma, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Sahil, Advocate For the State :- Mr. Vajneesh Vardhan, Advocate ---- 2/04.02.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Domchanch P.S. Case No.107 of 2024, for offence registered under section 103, 238, 61(2) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, Koderma. 3. Learned counsel for petitioner submits that the complaint case being Complaint Case No.3651 of 2024 has been filed against the brother of the informant by one of the co-accused, namely, Rekha Devi under section 61(2), 75(2), 111(2), 76 and 3(5) of BNS, 2023. He submits that in the FIR the allegations are made of altercation due to right of way and there are general and omnibus allegations against all the accused persons. He also submits that there is no witness in the case diary. He next submits that the allegations in the FIR is made of assault by rod wherein the post mortem report the injury is said to be only one bruise. 2026:JHHC:2942 2 4. Learned State counsel opposes prayer and submits that the allegations are there of assault and pursuant to that wife of the informant succumbed to the injury. 5. Looking to the FIR, it appears that there are general and omnibus allegations against all the accused persons and for the right to way the altercation took place and prior to that one complaint case was filed against the brother of the informant by one of the co-accused, namely, Rekha Devi and the post mortem report is the part of the case diary wherein the injury is said to be one bruise, however, the allegation in the FIR is made of assault by rod and in the case diary there is no eye-witness to the said occurrence, and in the attending facts and circumstances of the instant case, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within four weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Domchanch P.S. Case No.107 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 04.02.2026 SI/