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2026 DAILYLAW 25918 (JHR)

RAJESH KUMAR @ RAJESH YADAV v. STATE OF JHARKHAND

A.B.A./5054/2026 · 2026-09-10

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:27194 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5054 of 2026 ---- Rajesh Kumar @ Rajesh Yadav, aged about 27 Years son of Late Jatun Yadav resident of Village Daha, Post Office Bihiya, Police Station, Hunterganj, District – Chatra. …. …. Petitioner(s) Versus The State of Jharkhand …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ---- For the Petitioner(s) : Mr. Manish Yadav, Adv. For the State : Mr. Arup Kr. Dey, A.P.P. ---- 02/Dated: 10th September, 2026 1. 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 Hunterganj P.S. Case No.217/2024, registered for the offence under Sections 127(1), 127(2), 115(2), 117(2), 109, 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, pending in the Court of the learned Judicial Magistrate, 1st Class, Chatra. 3. Learned counsel appearing for the petitioners submits that the altercation took place due to land dispute and there are general and omnibus allegation against the petitioners. He further submits that there is ornamental allegation of outraging the modesty, however, section of BNS regarding outraging the modesty is not inserted in the FIR. He then submits that grievous injury has been received due to assault made by Sobindra Paswan and he has already been arrested. He next submits that co-accused namely Bijay Yadav and Basant Yadav have already been granted anticipatory bail by this Court in A.B.A. No.4293 of 2026. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations of assault are there and the injury has also been received. On this ground, he submits that anticipatory bail may kindly be rejected. 2026:JHHC:27194 Page | 2 A.B.A. No.5054 of 2026 5. Looking into the contents of the FIR, it transpires that there are general and omnibus allegations of assault and it is not specifically mentioned that these petitioners have assaulted and pursuant to that the injury has been received. Further, the petitioners have got no criminal antecedent, as disclosed in paragraph 11 of this petition and in the similar circumstance, the other co- accused has already been provided the privilege of anticipatory bail in the aforementioned A.B.As. by this Court. 6. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to both the petitioners. 7. Accordingly, both 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, Chatra in connection with Hunterganj P.S. Case No.217 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 10th September, 2026 Amar/- Uploaded on 15.09.2026