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2026 DAILYLAW 24010 (JHR)

GAUTAM KUMAR @ GAUTAM YADAV v. THE STATE OF JHARKHAND

A.B.A./4863/2026 · 2026-08-27

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:25831 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4863 of 2026 ---- Gautam Kumar @ Gautam Yadav, aged about 22 years, son of Srikant Kumra @ Srikant Kumar @ Srikant Yadav, resident of Aambagan near Tempo Stand, Bankmore PS Bhuli O.P., P.O. Bankmore, District Dhanbad , At present, residing at B.Block Bhuli Nagar, Dharjori, PO Bhuli, PS Bhuli O.P. District Dhanbad .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party --- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajesh Kumar, Advocate For the State :- Mr. Ajay Kumar Pathak, Advocate ---- 2/27.08.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Bankmore (Bhuli O.P.) P.S. Case No.39 of 2026, for offence registered under section 126(2), 115(2), 109(1), 118(1), 351(2), 352, 3(5) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel for petitioner submits that the alleged occurrence is said to be dated 01.03.2026 whereas the FIR has been lodged on 05.03.2026, that is, after delay of 4 days. He next submits that the allegations are made against 5-10 unknown persons, however, the petitioner is named in the FIR. He next submits that the informant along with other associates have thrown garbage and waste of shop at the door of the petitioner’s house and when he has opposed, the informant with his associates started abusing the petitioner and in course of that hot exchange of words took place between them and taking advantage of that, the 2026:JHHC:25831 2 informant lodged this false case against the petitioner. He also submits that the injury report is part of the FIR itself and only about body-ache has been stated, however, in the impugned order of the learned Sessions Judge, it has come that injury is grievous. 4. Learned State counsel opposes prayer and submits that the allegations are there of assault. 5. Considering that the alleged date of occurrence is dated 01.03.2026 whereas the FIR has been lodged on 05.03.2026 and the injury report annexed with the FIR appears to be only about having body-ache, however, in the order of the learned Sessions Judge, it has come that the injury is grievous, I am inclined to grant anticipatory bail to petitioner. 6. 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 Chief Judicial Magistrate, Dhanbad, in connection with Bankmore (Bhuli O.P.) P.S. Case No.39 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 27.08.2026 SI/