[ 2026:JHHC:6973] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1025 of 2026 1. Kishori Swarnkar, aged about 52 years 2. Om Prakash Swarnkar @ Om Prakash Soni, aged about 42 years. Both sons of late Beni Swarnkar. 3. Mehilal Swarnkar @ Mehilal Swarakir, aged about 46 years, son of Janki Swarnkar. All resident of Village-Madhukarpur, Kasmar, P.O. + P.S. Kasmar, District-Bokaro, Jharkhand. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Birendra Kumar, Advocate. For the State : Mr. Arup Kumar Dey, A.P.P. ------ 05/ 16.03.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Kasmar P.S. Case No. 70 of 2025, registered for the offence under Sections 126, 115(2), 76, 303(2), 351, 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate, 1st Class, Bermo, Tenughat. 3. Learned counsel appearing for the petitioners submits that the petitioners are in possession of the land in question, pursuant to the sale deed No. 585 dated 28.01.1971, which was purchased by the ancestors of the petitioners and the petitioners are living on the said land after making necessary construction over the same. He next submits that the for the land in question one proceeding under Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been initiated before the SDM, Bermo, however, the same was closed by order dated 01.07.2025. He further submits that the injuries are said to be simple, [ 2026:JHHC:6973] -2- in view of that the allegation against the petitioners are falsely made of making assault. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioners. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of making assault. 5. Considering that earlier one proceeding was initiated under Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023 for the land in question between the petitioners and the informant, which was later on closed on 01.07.2025 and the injuries are said to be simple in nature and further in para-11 of the petition, it has been disclosed that the ancestors of the petitioners have purchased the said land and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-13 of the petition, in that view of the matter, the petitioners, named above, 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 or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-16.03.2026 Amitesh/-