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2026 DAILYLAW 25802 (JHR)

JAHIR HUSSAIN @ ZAHIR HUSSAIN v. THE STATE OF JHARKHAND

A.B.A./5056/2026 · 2026-09-09

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:27529 ) -1- A.B.A. No. 5056 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5056 of 2026 1. Jahir Hussain @ Zahir Hussain, aged about 59 years, son of Late Gaffur Miyan 2. Bulbul @ Md. Kausar Ansari @ Md. Kousar Ansari, aged about 27 years, son of Jahir Hussain 3. Ashraf Ansari @ Md. Ashraf Ansari, aged about 22 years, son of Jahir Hussain All are residents of Village- Bhitia, P.O. Bhitia, P.S. Govindpur, District- Dhanbad, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Md. Zaid Ahmed, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P. ----- 02/09.09.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Govindpur P.S. Case No.198 of 2026 dated 02.07.2026, registered for the offence under Sections 109, 126(2), 329(4), 115(2), 303(2), 324(4), 125 and 3(5) of the Bharatiya Nyaya Sanhita, pending in the Court of the learned Judicial Magistrate, 1st Class, Dhanbad. 3. Learned counsel appearing for the petitioners submits that the petitioners and informant are neighbours. He further submits that there are case and counter case between the parties. He next submits that one of the co-accused, namely, Najmul Nisha, who is wife of petitioner no.1 has lodged a case on the same day being Govindpur P.S. Case No.199 of 2026 against the informant of the present case and others. He also submits that the altercation took place while the construction of boundary wall was being done by the informant party and the allegation is there of encroachment. He then ( 2026:JHHC:27529 ) -2- A.B.A. No. 5056 of 2026 submits that even the injury is found to be simple. He further submits that petitioner no.3 has also received injury. 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 the allegations of assault are there and in view of that the prayer for anticipatory bail may kindly be rejected. 5. Considering that there are case and counter case between the parties and the altercation took place when the encroachment was being made by constructing boundary wall and even the injury is found to be simple and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad in connection with Govindpur P.S. Case No.198 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 9th September, 2026 Ajay/