BAIJNATH CHAUHAN ALLIAS BAJNATH CHOUHAN v. STATE OF JHARKHAND
A.B.A./1739/2026 · 2026-06-16
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16656 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16656 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:17350
--1-- A.B.A. No. 1739 of 2026
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 1739 of 2026
---- Baijnath Chauhan @ Baijnath Chouhan, aged about 60 years, son of Late Madho Chauhan, resident of Tetulmari Bhuli Road, Gupta Drug Store Gali, PO and PS – Tetulmari, District – Dhanbad, State - Jharkhand
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. R.S. Mazumdar, Sr. Advocate
:- Mr. Nishant Kr. Roy, Advocate
For the State
:- Mr. Rajesh Kumar, Advocate
---- 02/16.06.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Tetulmari P.S. Case No.68 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 117(2), 352, 3(5) and 109(1) of Bharatiya Nyaya Sanhita, 2023 and subsequently vide
order dated 01.12.2025 Section 103 of Bharatiya Nyaya Sanhita, 2023 has been added pending in the Court of learned Judicial Magistrate First Class, Dhanbad.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the father of one co-accused Santosh Chouhan. He further submits that two motorcycles collided with each other and the son of the petitioner was riding on one of the
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--2-- A.B.A. No. 1739 of 2026
motorcycle and pursuant to that both the motorcycle riders have indulged in fighting and the allegations are made there that co- accused, who is the son of this petitioner, has assaulted by helmet upon the rider of another motorcycle and pursuant to that he has died. He then submits that so far the petitioner is concerned that allegation is not against him and the only allegation is there that the petitioner has also assaulted with fists. He next submits that the son of the petitioner is facing trial in S.T. No.261 of 2026 and the informant has already been examined and he has been declared hostile and that statement of the informant has been brought by the petitioner by way of filing supplementary affidavit.
4.
Learned counsel appearing for the State opposed the prayer and submits that it is a case of Section 103 of Bharatiya Nyaya Sanhita, 2023 and in view of that anticipatory bail may kindly be rejected.
5. Considering that the son of this petitioner was riding the motorcycle which collided with another motorcycle and pursuant to that both the riders started quarrelling and pursuant to that the son of this petitioner has assaulted by helmet and thereafter the rider of another motorcycle was died and the petitioner happened to be father of co-accused Santosh Chouhan and the said Santosh Chouhan is facing the trial in S.T. No.261 of 2026 and informant has been examined in that case and he has been declared hostile and that statement has been brought on record by way of filing
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--3-- A.B.A. No. 1739 of 2026
supplementary affidavit. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class, Dhanbad in connection with Tetulmari P.S. Case No.68 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 16.06.2026 Sangam/