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2026 DAILYLAW 16519 (JHR)

KALACHAND MANDAL ALIAS KALA CHAND MANDAL v. THE STATE OF JHARKHAND

A.B.A./3048/2026 · 2026-06-12

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:17009 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3048 of 2026 ------ 1. Kalachand Mandal @ Kala Chand Mandal, aged about 66 years, son of Late Murli Mandal 2. Nabik Mandal @ Nabik Chand Mandal, aged about 44 years, son of Kalachand Mandal @ Kala Chand Mandal Both residents of Kulbera, P.O. and P.S. Barwadda, District Dhanbad .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate (Through Video Conferencing) For the State : Ms. Ruby Pandey, A.P.P. For the Informant : Mr. Shailesh Kumar Singh, Advocate ------ 02/12.06.2026 Heard learned counsel appearing on behalf of the petitioners through video conferencing and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Barwadda P.S. Case No. 51 of 2026, registered for the offence under Sections 189, 190, 126(2), 115(2), 117(2), 109 and 352 of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate, Dhanbad. 3. Learned senior counsel appearing on behalf of the petitioners through video conferencing submits that there are land dispute between the parties and in view of that the altercation took place. He further submits that there case and counter case between parties. By drawing the attention of the court to the order of the learned Sessions Judge, he submits that the injuries are found to be simple. He next submits that the petitioner- Kalachand Mandal is aged about 66 years and the allegations are there against him of assault however, the injury is simple. 4. Learned counsel appearing for the State and informant jointly oppose the prayer and submit that the allegation of assault are there. 5. Learned counsel for the informant further adds that in the counter case filed by the petitioners side, the person who has assaulted, his anticipatory bail has been rejected by the co-ordinate Bench of this court in 2026:JHHC:17009 A.B.A. No.2796 of 2026. On these grounds, he submits that anticipatory bail may kindly be rejected. 6. Considering that there are case and counter case between the parties for the land dispute and it has come in the order of the learned Sessions Judge that however the injury has been received, but the injuries are said to be simple, in course of argument learned counsel produced the order of co-ordinate Bench of this court passed in A.B.A. No.2796 of 2026 from which it transpires that petitioner- Kalachand Mandal, who is said to be aged about 66 years, has received grievous injury pursuant to assault made by Amal Kumar Mandal @ Amal Mandal, who was one of the petitioners in A.B.A. No.2796 of 2026 and his anticipatory bail was rejected by the co-ordinate Bench of this court, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the above-named petitioners are directed to surrender before the learned court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dhanbad, in connection with Barwadda P.S. Case No. 51 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 16.06.2026