2026:JHHC:20968 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 3801 of 2026 ---- Nitish Pandit @ Nithish Kumar, aged about 23 years, son of late Birju Pandit, resident of Manjhi Basti, Pahari, PO Dhansar, PS-Jharia, District Dhanbad, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Raj Nandan Chatterjee, Advocate For the State :- Mr. Abhay Kumar Tiwari, Advocate ---- 2/15.07.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Jharia PS Case No.266 of 2025, for offence registered under section 191(2), 191(3), 190, 126(2), 127(2), 115(2), 109(1), 132, 333, 324(5), 352 of the BNS, 2023 and Section 3 of Prevention of Damage to Public Property Act, pending in court of learned A.C.J.M., Dhanbad. 3. Learned counsel for petitioner submits that the petitioner has earlier moved before this Court in ABA No.7104 of 2025 and in 2026:JHHC:20968 2 that case the petitioner was shown as petitioner no.5. He next submits that the learned counsel appearing on behalf of the petitioners in that case, has inadvertently stated that the petitioner nos.2 and 5 have been arrested, however, the fact remains that the petitioner no.3 of that case was arrested. He next submits that the same has occurred inadvertently and in view of that, Cr.M.P. No.679 of 2026 was filed for modification of the said order and in the said Cr.M.P. No.679 of 2026 the said mistake has been rectified by this Court and liberty was provided to the petitioner to take proper steps. He next submits that thereafter the present anticipatory bail application has been filed on behalf of the petitioner who was the petitioner no.5 in the ABA No.7104 of 2025. He next submits that in identical situation, considering that there were general and omnibus allegations against all the accused persons and the co- accused persons have been granted anticipatory bail. He submits that in the scuffle, this petitioner has also received injury and he then submits that further the other co-accused persons have been granted anticipatory bail in ABA No.3077 of 2026 and ABA No.7104 of 2025 and he also submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.18 of the petition, and on these grounds, he submits that anticipatory bail may kindly be granted to the petitioner of this case. 4. Learned State counsel opposes prayer and submits that 2026:JHHC:20968 3 earlier the anticipatory bail application of the petitioner was dismissed as not pressed on the submission of the learned counsel for the petitioner and in view of that anticipatory bail may kindly be rejected. 5. There is no doubt that by the order dated 12.12.2025 passed in ABA No.7104 of 2025 anticipatory bail of the petitioner was dismissed as not pressed as it was pointed out that he has already been apprehended and when it has been transpired to the petitioner, the petitioners’ counsel of that case has filed aforesaid Cr.M.P. for modification of the order dated 12.12.2025 in ABA No.7104 of 2025 and in the said Cr.M.P, the said mistake has been rectified and the petitioner has been provided liberty to take proper steps and thereafter the petitioner has filed the instant anticipatory bail application. 6. It is well settled that under the changed circumstances anticipatory bail can be maintainable and earlier the anticipatory bail application of the petitioner was dismissed as not pressed on the submission of the learned counsel for the petitioners of that case as the petitioner has already been arrested, however, the petitioner no.3 of that ABA was arrested and he has been granted regular bail later on, and the same has been noted in the order passed in the said Cr.M.P and the co-accused has been granted anticipatory bail in the aforesaid ABA and the petitioner has got no criminal 2026:JHHC:20968 4 antecedent as aforesaid and further the petitioner has received injury in his right hand, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner. 7. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned A.C.J.M., Dhanbad, in connection with Jharia PS Case No.266 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 15.07.2026 SI/