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2026 DAILYLAW 24563 (JHR)

AJAY CHOUDHARY @ AJAY KUMAR v. THE STATE OF JHARKHAND

A.B.A./4938/2026 · 2026-08-31

Sanjay Kumar Dwivedi

Public Interest Litigationbody2026

Judgment text

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2026:JHHC:26232 --1-- A.B.A. No. 4938 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4938 of 2026 ---- Ajay Choudhary @ Ajay Kumar, S/o Lalji Choudhary, aged about 23 years, R/o village – Gopalpur Pillhar Tola, PO – Sahibganj, PS- Ganga Nadi, District – Sahibganj, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Mahavir Pd. Sinha, Advocate :- Mr. Santosh Kr. Jha, Advocate For the State :- Mr. Anup Pawan Topno, Advocate ---- 02/31.08.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Ganga Nadi P.S. Case No.12 of 2026 for the alleged offences registered under Sections 191(2), 191(3), 115(2), 117(2), 109(1), 74, 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned C.J.M., Sahibganj. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and the petitioner has nothing to do with the said allegation and the allegation of assault is false. He further submits that in identical situation co-accused persons have already been granted anticipatory bail by this Court in ABA No.3628 of 2026. On these 2026:JHHC:26232 --2-- A.B.A. No. 4938 of 2026 grounds, he submits that anticipatory bail may kindly be allowed. 4. Learned counsel appearing for the State opposes the prayer and submits that there is direct allegation against the petitioner of assault by way of baton upon the informant and demanding money and in view of that anticipatory bail may kindly be rejected. 5. On perusal of the FIR, it transpires that there is direct allegation against the petitioner of assault by way of baton and pursuant to that injury has been received by the informant. So far as three of the accused persons in ABA No.3628 of 2026 are concerned that allegations are not there against them and considering that allegation of assault is there against Ajay Choudhary (petitioner) and Ravi Choudhary and the petitioners of ABA No.3628 of 2026 have been granted anticipatory bail, thus, the said order is not helping the petitioner and there is direct allegation against the petitioner of assault. 6. In the attending facts and circumstances of this case, I am not inclined to grant privilege of anticipatory bail to the petitioner, hence, the prayer for anticipatory bail of the petitioner is hereby rejected. (Sanjay Kumar Dwivedi, J.) Dated 31.08.2026 Sangam/