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2026 DAILYLAW 25009 (JHR)

SHUBHAM PATHAK @ SHUBHAM KUMAR PATHAK v. THE STATE OF JHARKHAND

A.B.A./4981/2026 · 2026-09-02

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:26420 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4981 of 2026 1. Shubham Pathak @ Shubham Kumar Pathak, aged about 23 years, son of Deepak Kumar Pathak @ Deepak Pathak 2. Shivam Pathak @ Shivam Kumar Pathak, aged about 21 years, son of Deepak Kumar Pathak @Deepak Pathak 3. Neeraj Pathak @ Neeraj Kumar Pathak, aged about 42 years, son of Laljinath Pathak 4. Deepak Pathak @ Deepak Kumar Pathak, aged about 50 years, son of Laljinath Pathak 5. Anjani Tiwari @ Anjani Kumar Tiwari, aged about 41 years, son of Ram Vinay Tiwari All residents of Village Sahijana, P.O. and P.S. Garhwa, (Jharkhand) District Garhwa ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Parties -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Sanjay Kr. Pandey-2, Advocate For the State : Mr. Saket Kumar, A.P.P. For the Informant : Mr. S.T. Sajid, Advocate : Mr. Ashok Kumar, Advocate 02/ 02.09.2026: Heard learned counsel for the petitioners and learned counsel for the State and learned counsel for the informant. 2. The petitioners are apprehending their arrest in connection with Garhwa P.S. Case No. 466 of 2026, registered under sections 115(2), 126(2), 109(1), 117(2), 118(1), 303(2), 351(2) and 352/ 3(5) of BNS, 2023, pending in the Court of learned C.J.M, Garhwa. 3. Learned counsel for the petitioners submits that there are case and counter case between the parties and first case has been lodged by the petitioners side. He next submits that petitioners went to purchase cold drink from the grocery shop where altercation took place. He next submits that there were free fight between the parties and both sides have received injury. He submits that injury is not there which has come in the order of the learned Sessions Judge. He submits that petitioners have got no criminal antecedent except petitioner no.4 and the petitioner no. 4 has been granted regular bail as all the sections of that case are bailable in nature. On these ( 2026:JHHC:26420 ) grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsels for the State and informant oppose the prayer and submits that allegations are there of assault. Learned counsel for the informant further adds and submits that injury is there and in view of that anticipatory bail may kindly be rejected. 5. There are case and counter case between the parties and it has been pointed out that first case has been lodged by the petitioners side thereafter the present case has been lodged. There were free fight between the parties and both sides have received injury. It has come in the order of the learned Sessions Judge that the injury report was not there till passing of the impugned order. The petitioners have got no criminal antecedent except petitioner no.4 and it has been pointed out that the petitioner no. 4 has been granted regular bail as all the sections of that case are bailable in nature. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M, Garhwa, in connection with Garhwa P.S. Case No. 466 of 2026, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.02.09.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-