2026:JHHC:18273 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2072 of 2026 ------ Santosh Kumar Sah, aged about 44 years, son of Gajadhar Prasad Sah, resident of Sikargarh Tola, Ward No.7, Colgong, P.O. and P.S. Kahalgaon, District Bhagalpur, Bihar .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Saurabh Shekhar, Advocate Mr. Rishi Raj Verma, Advocate For the State : Ms. Nehala Sharmin, Special P.P. For the Informant : Mr. Ashish Kumar Thakur, Advocate Mr. S.P. Roy, Advocate ------ 02/23.06.2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State as well as learned counsel appearing for the informant. 2. The petitioner is apprehending his arrest in connection with Pathargama P.S. Case No. 13 of 2026, registered for the offence under Sections 85, 109, 118(2), 351(2), 352, 61(2) of Bhartiya Nyaya Sanhita, 2023, Sections 3/4 of Dowry Prohibition Act and Section 27 of the Arms Act, pending in the court of learned Sub Divisional Judicial Magistrate, Godda. 3. Learned counsel appearing for the petitioner submits that the petitioner happens to be a Judicial Officer posted in the State of Bihar and on the fateful day, he was discharging his duty at Shahpur Patori (Samastipur). He further submits that there is matrimonial dispute between the petitioner and his wife and for that divorce case is going on in the Family Court, Godda. He next submits that the allegations are made that one gun shot was made on the wife of this petitioner on 17.01.2026. He further submits that only on the basis of the confessional statement, the petitioner has been implicated in the case and the entire responsibility are being fastened upon the petitioner. He submits that the co-accused, who have been apprehended, have been granted regular bail by the co-ordinate Bench of this court. He next submits that even the brother of this petitioner namely Subodh Kumar Sah @ Guddu, on whose confessional statement, 2026:JHHC:18273 the name of this petitioner has come, has been granted regular bail by this court in B.A. No.4575 of 2026 and one Md. Arif, who was said to be shooter and owner of motorcycle, has been granted regular bail in B.A. No.3142 of 2026. He submits that the persons who have fired upon the victim, their face were covered and considering all these aspects, they have been granted regular bail. 4. Learned counsel appearing for the State and the informant jointly oppose the prayer and submit that the brother of this petitioner has narrated the entire story at paragraph 33 of the case diary and the name of the petitioner is very much there. Learned counsel appearing for the State further refers to the statement of the brother of the victim and submits that he has also supported the case and in view of that anticipatory bail may kindly be rejected. 5. It is an admitted position that this petitioner and the victim are the husband and wife respectively and after their marriage, the matrimonial dispute arose and for that husband has instituted a divorce case in the Family Court, Godda. Further, the allegations are made that on the fateful day, she after attending the court was returning, the firing was made upon her and pursuant to that she has received the injury. In para 159 of the case diary, the injury is found to be simple by the Doctor. Admittedly, the allegations of firing is not there against the petitioner, only on the confessional statement, the name of the petitioner has come. Allegations are there that the persons, who were riding the motorcycle, their face were covered. There is no doubt the confessional statement of the brother of the petitioner is there in para 33 of the case diary however, looking into the said para of the case diary, it transpires that he has narrated the story which prima facie appears to be on pressure as it is a long statement before the police and if the said person was said to be brother of this petitioner and the connivance of this petitioner was there, it is prima facie unbelievable that he will make such statement before the police. Further, the person, whose motorcycle was used and said to be assailant, has been granted regular bail by this court in B.A. No.3142 of 2026 considering that in para 11, it has not come that Md. Arif had fired upon the victim. The brother of this petitioner, who has confessed, has been granted regular bail 2026:JHHC:18273 in B.A. No.4575 of 2026. Annexure 5 series is a document annexed with the petition, clearly suggests that this petitioner on the fateful day, was discharging his duty as Judicial Magistrate, 1st Class Shahpur Patori (Samastipur) and passed the various orders in his capacity on 17.01.2026 that is on the fateful day of the said alleged incidence. Only on confession, the name of the petitioner has come and the persons, who have been arrested, have been granted regular bail, the petitioner is said to be a Judicial Officer and on the fateful day, he was discharging his duty as Judicial Magistrate, 1st Class, Shahpur Patori (Samastipur). Admittedly, there is matrimonial dispute between the petitioner and the victim, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:- I. One of the bailors would be his close relative. II. The petitioner will not try to influence any witness and if any thing is found with regard to influencing the witnesses, the same will be considered by the learned court on information. 6. Accordingly, the above-named petitioner is directed to surrender before the learned court within two weeks from today and in the event of his arrest or surrender, he shall be enlarged 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 learned Sub Divisional Judicial Magistrate, Godda, in connection with Pathargama P.S. Case No. 13 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 23.06.2026 Anit Uploaded 23.06.2026