VIJAY GOPE @ VIJAY YADAV v. THE STATE OF JHARKHAND
B.A./11958/2025 · 2026-02-10
Gautam Kumar Choudhary
body2026
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[ 2026 DAILYLAW 1418 (JHR) · dailylaw.ai ]
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[ 2026 DAILYLAW 1418 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:3538 IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 11958 of 2025
------ Vijay Gope @ Vijay Yadav, son of Ishwar Gope, resident of Champanagar, Nawadih, P.O. Tilara, P.S. Ichak, District Hazaribagh, Jharkhand
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Nitish Parth Sarthi, Advocate
For the State
: Mr. V.S. Sahay, A.P.P. ------
Order No.02 / Dated : 10.02.2026
Bail petition filed on behalf of the petitioner- Vijay Gope @ Vijay Yadav, who is in custody since 24.09.2025 in connection with Ichak P.S. Case No. 223 of 2021 for the offence registered under Sections 341, 323, 452, 324, 325, 307, 379, 506/34 of the Indian Penal Code and Sections 3 and 4 of Witch Craft Prohibition Act, pending in the Court of learned J.M. 1st Class, Hazaribag, is pressed into motion.
As per the FIR, on 24.09.2021, the petitioner and other co-accused came to the house of the informant and abused the informant’s family members identifying them practice of witch craft, resulting in the death of the minor son of the petitioner. It is alleged that on 26.09.2021, altogether five accused persons conjointly assaulted the informant party variously armed with deadly weapon, resulting in injury to the wife of the informant.
It is argued by the learned counsel on behalf of petitioner that the offence under Section 307 of the IPC will not be made out as nature of injury was grievous in nature, but there was no allegation of repeated assault.
Learned A.P.P. opposed the bail petition. It is submitted that the injury inflicted involved fracture of left nasal bone. Petitioner appears to have lost his son and because of prevailing superstition, the incidence taken place.
Under the circumstances, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J.) Anit Uploaded 11.02.2026