RAJESH PRASAD @ RAJESH KUMAR GUPTA v. THE STATE OF JHARKHAND
A.B.A./3731/2026 · 2026-07-13
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19940 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19940 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:20649 ) -1- A.B.A. No. 3731 of 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3731 of 2026
1. Rajesh Prasad @ Rajesh Kumar Gupta, aged about 53 years, son of Dwarika Prasad, resident of House No.52, Purana Bazar, Dari Muhalla, Pratap Culb, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad, Jharkhand-826001
2. Ramavtar Sahu, aged about 63 years, son of Hazari Saw, resident of Gandhi School Gumo Road Ward No.22, Jhumri Tilaya, Koderma, P.O. & P.S. Jhumri Tilaya, District- Koderma, Jharkhand-825409
3. Niraj Kumar Lal @ Neeraj Lal, aged about 51 years, son of Badri Kumar Gulshan, resident of DSP Road, Gumla, P.O. & P.S. Gumla, District- Gumla, Jharkhand-835207
4. Onkar Prasad Sinha, aged about 66 years, son of Ram Kishore Prasad Sinha, resident of Qr. No. DT 2160, Tanki Side, Dhurwa, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand- 834004
5. Dr. Ramesh Mani Pathak, aged about 62 years, son of Siddshwar Pathak, resident of SSVM-8a, Road No.06, Bokaro-8a, Bokaro Steel City, P.O. & P.S. Bokaro, District- Bokaro, Jharkhand- 827009
6. Diwakar Ghosh, aged about 66 years, son of Dharnidhar Ghosh, resident of Radhanagar, P.O. Radhanagar, P.S. Sahebganj, District- Sahebganj, Jharkhand-816101
7. Krishna Kumar Singh, aged about 62 years, son of Ram Eakbal Singh, resident of Type 1/72, Block- 3, Near Patel Chowk, Janta Nagar, Patratu, P.O. & P.S. Patratu, District- Ramgarh, Jharkhand- 829119
… Petitioners
-Versus-
1. The State of Jharkhand
2. xxxx
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Abhay Kumar Mishra, Advocate
Mr. Krishna Prajapati, Advocate For the State
: Mr. Praful Jojo, A.P.P.
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04/13.07.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with Complaint Case No.2102 of 2015, registered for the offence under Sections 354(B), 388, 452, 506, 511, 120(B), 34 of the Indian Penal Code and under Section 27(i) and (ii) of the Arms Act, pending in the Court of the learned Judicial Magistrate, Ranchi.
( 2026:JHHC:20649 ) -2- A.B.A. No. 3731 of 2026
3.
Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case. He further submits that the complainant is in habit of filing false cases against the petitioners due to the dispute between the Principal of Saraswati Shishu Vidya Mandir, Chaibasa and management and the petitioners are management people of the said school. He next submits that for the alleged occurrence of the year 2015, the complaint case has been lodged and now cognizance has been taken and non-bailable warrant has been issued against the petitioners. He also submits that so far as the allegation at paragraph 4 of the complaint case is concerned, one of the co-accused has moved before this Court and criminal proceeding against him was quashed by the Coordinate Bench of this Court in Cr.M.P. No.642 of 2016. He further submits that for the same allegation, the husband of the complainant has also filed FIR, which was challenged by the petitioners before this Court in Cr.M.P. No.241 of 2017 and the entire criminal proceeding including the order taking cognizance was quashed by this Court. He next submits that against the said order, the husband of the complainant has gone to the Hon’ble Supreme Court and the Hon’ble Supreme Court has been pleased to dismiss the S.L.P. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioners.
4.
Learned counsel appearing for the State opposed the prayer and submits that the allegations are there.
5. Considering that non-bailable warrant has been issued against the petitioners and the matter is arising out of complaint case and it transpires from the record that the entire criminal proceeding including the order taking cognizance was quashed by this Court in Cr.M.P. No.241 of 2017, which was
( 2026:JHHC:20649 ) -3- A.B.A. No. 3731 of 2026
preferred by the petitioners and criminal proceeding against one of the co- accused was quashed by the Coordinate Bench of this Court in Cr.M.P. No.642 of 2016 and in that view of the matter, the petitioners are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions as the learned Court may deem fit and proper.
6. Accordingly, this application is disposed of.
(Sanjay Kumar Dwivedi, J.) Dated: 13th July, 2026 Ajay/