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2026 DAILYLAW 1073 (JHR)

PRASENJEET MAHATO v. THE STATE OF JHARKHAND

A.B.A./397/2026 · 2026-01-27

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:1962 --1-- A.B.A. No. 397 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 397 of 2026 ---- 1. Prasenjeet Mahato, aged about 29 years, son of Baruni Mahato 2. Madhusudan Mahato @ Chatnu Mahto, aged about 47 years, son of Bhaku Mahato 3. Prabhash Chandra Mahto @ Prabhas Mahto, aged about 44 years, son of Chaitu Mahato All are resident of village – Tekora, PO and PS – Chandankiyari, District – Bokaro, 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. Praful Jojo, Advocate For the Informant :- Mr. Nishant Kr. Roy, Advocate ---- 04/27.01.2026 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the Informant. 2. The petitioners are apprehending their arrest in connection with Chandankiyari P.S. Case No.133 of 2025, for the alleged offences registered under Sections 126(2), 117(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned C.J.M., Bokaro. 3. Learned counsel appearing for the petitioners submits that there are general and omnibus allegation against the petitioners of 2026:JHHC:1962 --2-- A.B.A. No. 397 of 2026 assault and the allegations are made that the informant has lodged earlier one case in Chas Mahila Police Station and for withdrawing of the said case assault has been made. He further submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.9 of the petition. 4. Learned counsel appearing for the State and Informant jointly opposes the prayer and submits that the allegation of assault is there and the informant has received the grievous injury. 5. Looking into the contents of the FIR it transpires that there is direct allegation of assault against petitioner No.1 namely Prasenjeet Mahato by rod upon the head of the informant and pursuant to that the injury has been received and in view of that I am not inclined to provide anticipatory bail to the petitioner No.1 namely Prasenjeet Mahato. Hence, the prayer for anticipatory bail of the petitioner No.1 namely Prasenjeet Mahato is hereby rejected. 6. So far petitioner No.3 is concerned, the allegation of assault is there by stick and he has not assaulted on the head and there are general and omnibus allegation of assault against petitioner No.2 and in view of that I am inclined to provide anticipatory bail to the petitioner Nos.2 and 3 namely Madhusudan Mahato @ Chatnu Mahto and Prabhash Chandra Mahto @ Prabhas Mahto respectively. 7. Accordingly, the petitioner Nos.2 and 3, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the 2026:JHHC:1962 --3-- A.B.A. No. 397 of 2026 petitioner Nos.2 and 3, 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 C.J.M., Bokaro in connection with Chandankiyari P.S. Case No.133 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 27.01.2026 Sangam/