2026:JHHC:4783 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11050 of 2025 ------ Krishna Karmali, S/o Jaleshwar Karmali, R/o Village-Hombai, PO Hombai, PS-BIT Mesra OP, Dist.-Ranchi .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party With B.A. No. 11858 of 2025 ------ Ashu Kumar @ Ashu Balmiki, S/o Mohan Ram, R/o Village Rodiya, PO Neori Vikash, PS Sadar, Dist.-Ranchi .... .... …. Petitioner Versus State of Jharkhand .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY B.A. No. 11050 of 2025 For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mr. Naveen Kumar, Advocate Mr. Aniket Jaiswal, Advocate For the State : Mr. Bishwambhar Shastri, APP For the Informant : Mr. Amritansh Vats, Advocate Mr. Shivam Anand Pathak, Advocate Mr. Arpan M. Ekka, Advocate B.A. No. 11858 of 2025 For the Petitioner : Mr. Sabyasanchi, Advocate Mr. Rakesh Kumar III, Advocate For the State : Mr. Rakesh Ranjan, APP For the Informant : Mr. Amritansh Vats, Advocate Mr. Shivam Anand Pathak, Advocate Mr. Arpan M. Ekka, Advocate ------ Order No.06 / Dated : 18.02.2026. Heard both the sides. These bail applications have been filed on behalf of Krishna Karmali and Ashu Kumar @ Ashu Balmiki who are in custody since 26.08.2025 and 08.10.2025 respectively in connection with Bariyatu P.S. Case No. 149 of 2025 for the offence registered under Sections 352, 118(1), 134, 109 and 3(5) of the BNS, 2023 pending in the Court of learned Judicial Magistrate 1st Class, Ranchi, is pressed into motion. It is submitted by the learned senior counsel on behalf of petitioner that offence took place at the spur of moment and all the injuries are simple in nature, therefore, offence under Section 109 of BNS will not be made. It is submitted on 2026:JHHC:4783 behalf of the Krishna Karmali that there is no allegation of assault against him and general allegation levelled against him is that he was involved in dragging the informant of the case. It is also submitted that petitioner has criminal antecedents of being involved in three cases out of which in one he has been acquitted, in one final form is submitted and other is of civil dispute. It is further submitted on behalf of the Ashu Kumar @ Ashu Balmiki that he has no criminal antecedent and there is general and omnibus allegation levelled against him and he is in custody since 08.10.2025. Learned counsel for the State assisted by learned counsel for the informant in both cases have opposed the prayer for bail of both the petitioners. It is submitted that the injury report as annexed in the case diary does not give complete picture of the injuries sustained in unpremeditated assault on him. It is submitted that the informant was admitted in RIMS, Ranchi on 22.06.2025 and was discharged on 28.06.2025. During treatment, he has sustained permanent loss of hearing as will be evident from the report of speech and Hearing Center Ranchi, dated 11.07.2025. It has been noted that in the right ear, there was perforated Tympanic membrane leading to mild conductive hearing loss. Even in the left ear, there was minimal hearing loss (Annexure-D of counter affidavit). The informant has also sustained serious cut injuries over his eyes being the vital part of body. From the submissions made and on the basis of materials on record it appears that the victim/informant sustained permanent privation of hearing as a result of assault which was without any provocation. One of the Petitioner has criminal antecedent also. Considering the facts and circumstances of the case, the prayer for bail of the petitioner, is hereby, rejected. (Gautam Kumar Choudhary, J.) Pawan/ Uploaded 19.02.2026