BALESHWAR KUMAR ALIAS BALESHWAR MAHTO v. THE STATE OF JHARKHAND
B.A./450/2026 · 2026-02-25
Sujit Narayan Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1573 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1573 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 450 of 2026 --------- Baleshwar Kumar @ Baleshwar Mahto, aged about 30 years, son of Late Manoj Mahto, resident of village+P.O.- Badam, P.S.-Barkagaon, Dist.-Hazaribag, Jharkhand … … Petitioner Versus The State of Jharkhand. … … Opp. Party ---------
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ----------
For the Petitioner
: Mr. Santosh Kr. Soni, Adv For the Opp. Party
: Mr. V.S. Sahay, APP ---------- 02/Dated: 25th February, 2026
1. The instant application has been filed under Sections 483 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Barkagaon P.S. Case No. 200 of 2025 registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 132, 352, 351(1) of BNS, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribag.
2. Learned counsel for the petitioner has submitted that villagers were making peaceful protest against the land acquisition policy of the company and were present at the road and the petitioner was merely a spectator. He never assaulted the employee of the company. There is no overt act attributed in the FIR regarding assault and stealing.
3. Further submission has been made that some of the co- accused persons have been granted anticipatory bail by
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the co-ordinate Bench of this Court vide order dated 03.02.2026 in ABA No. 572 of 2026 and the case of the petitioner stands on better footing.
4. Therefore, claiming the ground of parity, submission has been made that the present petitioner may also be enlarged on bail.
5. Learned Additional Public Prosecutor appearing for the opposite party-State although has seriously opposed the prayer for grant of bail but he has not disputed the fact of grant of anticipatory bail in favour of the co-accused persons.
6. This Court has heard the learned counsel for the parties.
7. This Court taking into consideration the fact that other co-accused persons, namely, Akash Nath Priyatam @ Akash Pandey and others have been given the benefit of pre-arrest bail vide order dated 03.02.2026 in ABA No. 572 of 2026 by the co-ordinate Bench of this Court, and the petitioner is in custody since 21.11.2025, as such, considering the issue of parity, this Court is of the view that the present application deserves to be allowed.
8. Accordingly, the instant bail application stands allowed.
9. In consequence thereof, the petitioner named above, is
directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
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Judicial Magistrate, 1st Class, Hazaribag in connection with Barkagaon P.S. Case No. 200 of 2025, with the condition that the petitioner shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that the trial be not hindered.
(Sujit Narayan Prasad, J.) 25th February, 2026 Alankar/-