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2026 DAILYLAW 23043 (JHR)

BIRASHYA SINGH @ RAMVIRSH CHOUDHARY @ RAM BRIKSH CHOUDHARY v. THE STATE OF JHARKHAND

A.B.A./4545/2026 · 2026-08-13

Sanjay Kumar Dwivedi

Public Interest Litigationbody2026

Judgment text

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2026:JHHC:24262 --1-- A.B.A. No. 4545 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4545 of 2026 ---- 1. Birashya Singh @ Ramvirsh Choudhary @ Ram Briksh Choudhary, aged about 40 years, S/o Ravi Shastri Choudhary @ Ravi Shatri Choudhary 2. Santosh Chodhary @ Santu Choudhary, aged about 35 years, S/o Ravi Shastri Choudhary @ Ravi Shatri Choudhary Both are R/o village – Gopalpur Pilar Tola, PO and PS – Ganga Nadi, District - Sahibganj .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Deepak Sahu, Advocate For the State :- Mrs. Amrita Kumari, Advocate ---- 02/13.08.2026 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 Ganga Nadi PS Case No.18 of 2026, for offence registered under section 191(2), 191(3), 190, 115(2), 117(2), 109(1), 74, 303(2), 352 of BNS, 2023, pending in court of learned Chief Judicial Magistrate, Sahibganj. 3. Learned counsel appearing for petitioners submits that the petitioners and the informant are neighbours and the altercation took place due to erecting boundary wall. He further submits that petitioner No.1 is son-in-law and petitioner No.2 is brother of son- in-law of Makar Singh. He then submits that there are general and 2026:JHHC:24262 --2-- A.B.A. No. 4545 of 2026 omnibus allegation against the entire family members. He next submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.24 of the petition. He also submits that in identical situation co-accused persons have already been granted anticipatory bail in A.B.A. No.3753 of 2026. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that allegations of assault are there and the son of the informant has received grievous injury. 5. On perusal of the FIR, it transpires that there is direct allegation of assault against Makar Singh and pursuant to that the son of the informant has received injury and so far as these petitioners are concerned, it has been pointed out that they are the son-in-law and brother of son-in-law of Makar Singh and altercation took place due to erecting the boundary wall and the petitioners have got no criminal antecedent as aforesaid and in identical situation co-accused persons have already been granted anticipatory bail in the aforesaid A.B.A. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing 2026:JHHC:24262 --3-- A.B.A. No. 4545 of 2026 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with Ganga Nadi PS Case No.18 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 13.08.2026 Sangam/