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2026 DAILYLAW 27153 (JHR)

SAKENDRA KUMAR @SAKENDRA BHUIYAN v. THE STATE OF JHARKHAND

A.B.A./5197/2026 · 2026-09-17

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:28176 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5197 of 2026 ------ 1. Sakendra Kumar @ Sakendra Bhuiyan, aged about 24 years, S/o Late Santosh Ram, R/o Ward no. 6, Village-Jata, P.O. Kalyanpur, P.S. Garhwa, District Garhwa, Jharkhand 2. Anup Ram @ Anup Bhuiyan, aged about 28 years, S/o Suraj Bhuiyan, R/o Village Jaitukhad, P.S. Lesliganj, JaituKhanr, P.O. Rajwadih, District- Palamau, Jharkhand 3. Rahul Kumar @ Sonu Bhuiyan, aged about 18 years, S/o Jhubal Ram R/o Village Jata, P.O.- Kalyanpur, P.S. Garwah, District Garhwa, Jharkhand 4. Bachiya Kunwar, aged about 45 years, W/o Late Dalgir Bhuiyan, R/o Village Jata, P.O. Kalyanpur, P.S. Garhwa, District Garhwa, Jharkhand 5. Atwariya Devi @ Etuwariya Devi, aged about 70 years, W/o Shiv Prasad Ram, R/o Ward No.-6, Village Jata, P.O. Kalyanpur, P.S.-Garwah, District Garhwa, Jharkhand 6. Chotu Kumar Ram @ Chhotu Bhuiyan, aged aged about 26 years, S/o Shiwprasad Ram, r/o Ward No.-6, Village- Jata, P.O. Kalyanpur, P.S. Garwah, District Garhwa, Jharkhand Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Suraj Kishore Prasad, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P. ------ 02/17.09.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Garhwa P.S. Case No. 217 of 2026, registered for the offence under Sections 191(2), 191(3), 190, 117(2), 109(1), 115(2) and 126(2) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Chief Judicial Magistrate, Garhwa. 3. Learned counsel appearing for the petitioners submits that the petitioners and the informant side are neighbors and there are case and counter case between the parties. He submits that there are general and omnibus allegation against the petitioners and the altercation took place while the petitioners were fencing their own land. He next submits that four of the accused persons in the case lodged by the petitioners’ side, have been granted anticipatory bail by this court in A.B.A. No.3338 of 2026. He further submits that now a good sense has been prevailed between them and they 2026:JHHC:28176 have compromised the matter and compromise petition has been annexed by way of Annexure 4 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegation of assault are there. 5. Considering that there are case and counter case and four of the accused persons in the case lodged by the petitioners’ side have been granted anticipatory bail by this court in the aforesaid A.B.A. and further Annexure 4 prima facie suggests that both the sides have settled the dispute and both the sides are neighbor, I am inclined to grant 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 Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case No. 217 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 17.09.2026 Anit Uploaded 23.09.2026