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2026 DAILYLAW 24910 (JHR)

RAHUL PATHAK ALIAS RAHUL KUMAR PATHAK v. THE STATE OF JHARKHAND

A.B.A./3655/2026 · 2026-09-03

Sanjay Kumar Dwivedi

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Judgment text

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2026:JHHC:26653 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3655 of 2026 ------ Rahul Pathak @ Rahul Kumar Pathak, aged about 19 years, son of Pradip Kumar Pathak, resident of House No.20, B Block, Line No.01, near Kali Mandir, Namda Basti, P.O. and P.S. Golmuri, Jamshedpur, District East Singhbhum, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Vishal Kumar Trivedi, Advocate For the State : Mr. Nawin Kumar Singh, A.P.P. For the Informant : Mr. Agnivesh, Advocate ------ 05/03.09.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Golmuri P.S. Case No. 18 of 2026, registered for the offence under Sections 103(1), 61 and 3(5) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and on the fateful day, he was in Vellore for treatment of his father. He submits that by the last order, this court has directed the State to verify the veracity of the submission as to whether the petitioner on that day was present in Hotel Vijay Shree Inn, Vellore or not. He next submits that now a counter affidavit has been filed by the State wherein in para 22 it has been disclosed that the I.O. has gone to the said hotel at Vellore and found that the petitioner’s Aadhar card etc. were physically present. He submits that in this background allegation against the petitioner is false and main allegation is made against father of the petitioner. 4. Learned counsel appearing for the State and the informant jointly oppose the prayer and submit that although the petitioner has gone to Vellore, however, father of this petitioner against whom allegation is also there, has surrendered before the learned court and father has been taken into custody. He submits that in this background, prima facie, there is some 2026:JHHC:26653 mischief created by the petitioner and in view of that prayer for anticipatory bail may kindly be rejected. 5. Considering that in para 22 of the counter affidavit, the police official has gone to Vellore and with the help of local police, has examined the record of Hotel Vijay Shree Inn and has found that petitioner’s Aadhar card etc. were there and the petitioner has occupied the said hotel on the fateful day and it is clearly stated that verification was done, on 17.08.2026, I.O. Indra Dev Ram went to Vellore and with the help of North P.S., Vellore verified from the Hotel Manager, Mr. P. Jagan Kumar and as per hotel records, Rahul Pathak along with two other persons had actually stayed at Hotel Vijay Shree Inn, Vellore from 07.02.2026 to 12.02.2026 wherein on 11.02.2026, the alleged occurrence has occurred at Jamshedpur, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamshedpur, in connection with Golmuri P.S. Case No. 18 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and further the petitioner will co-operate in the investigation. (Sanjay Kumar Dwivedi, J.) Dated 03.09.2026 Anit Uploaded 03.09.2026