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2026 DAILYLAW 20367 (JHR)

SHAMSHER ALAM @ SAMSHER ALAM v. THE STATE OF JHARKHAND

A.B.A./3793/2026 · 2026-07-15

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:20974 --1-- A.B.A. No. 3793 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3793 of 2026 ---- 1. Shamsher Alam @ Samsher Alam, aged about 46 years, son of Nasad Ansari, resident of village – Khetko, PO and PS – Peterbar, District – Bokaro, Jharkhand 2. Tabrej Alam, aged about 40 years, son of Nasad Ansari, resident of village – Khetko, PO and PS – Peterbar, District – Bokaro, Jharkhand 3. Noushad Ansari @ Farid Ansari @ Nasad Ansari, aged about 69 years, son of Lt. Ishaq, resident of village – Khetko, PO and PS – Peterbar, District – Bokaro, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Pankaj Verma, Advocate For the State :- Mr. Rakesh Ranjan, Advocate ---- 02/15.07.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Peterbar P.S. Case No.28 of 2026, for the alleged offences registered under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat. 3. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and the 2026:JHHC:20974 --2-- A.B.A. No. 3793 of 2026 altercation took place due to land dispute. He further submits that both the sides are agnates. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that allegation of assault is there and grievous injury has been received by the informant. 5. On perusal of the FIR, it transpires that there is direct allegation upon petitioner No.1 namely Shamsher Alam @ Samsher Alam of assault and pursuant to that grievous injury has been received by the informant and in view of that I am not inclined to provide anticipatory bail to the petitioner No.1 namely Shamsher Alam @ Samsher Alam. Hence, the prayer for anticipatory bail of the petitioner No.1 namely Shamsher Alam @ Samsher Alam is hereby rejected. 6. So far petitioner Nos.2 and 3 are concerned, there are general and omnibus allegation against them and it has been pointed out that there are case and counter case and both the sides are agnates and in view of that I am inclined to provide anticipatory bail to the petitioner Nos.2 and 3 namely Tabrej Alam and Noushad Ansari @ Farid Ansari @ Nasad Ansari respectively. 7. Accordingly, petitioner Nos.2 and 3, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, petitioner Nos.2 and 3, above named, shall be released on bail, on 2026:JHHC:20974 --3-- A.B.A. No. 3793 of 2026 furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat in connection with Peterbar P.S. Case No.28 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 15.07.2026 Sangam/