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2026 DAILYLAW 3664 (JHR)

DEV KUMAR OJHA ALIAS KALA OJHA v. THE STATE OF JHARKHAND

A.B.A./1111/2026 · 2026-03-24

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:8339 --1-- A.B.A. No. 1111 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1111 of 2026 ---- 1. Dev Kumar Ojha @ Kala Ojha, aged about 50 years, son of Late Tarkeshwar Ojha 2. Pawon Kumar Ojha @ Pawan Kumar Ojha @ Patan Kumar Ojha, aged about 60 years, son of Late Tarkeshwar Ojha 3. Bablu Ojha, aged about 30 years, son of Ramesh Ojha 4. Vivek Ojha @ Vivek Kumar Ojha, aged about 26 years, son of Ramesh Ojha 5. Nitish Ojha @ Nitesh Kumar Ojha @ Nitesh Ojha, aged about 33 years, son of Kashi Nath Ojha All are resident of Purani Sahibganj, PO and PS – Sahibganj (Muffasil), District – Sahibganj .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Vikas Kumar, Advocate For the State :- Mrs. Ruby Pandey, Advocate ---- 02/24.03.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Sahibganj(M) P.S. Case No.43 of 2025 for the alleged offences registered under Sections 351(2), 352, 303(2), 323 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Additional Chief Judicial Magistrate, Sahibganj. 3. Learned counsel appearing for the petitioners submits that petitioner Nos.1 and 2 have already been apprehended and in view of that he is not pressing the prayer of anticipatory bail so far petitioner 2026:JHHC:8339 --2-- A.B.A. No. 1111 of 2026 Nos.1 and 2 are concerned, as such prayer of anticipatory bail of petitioner Nos.1 and 2 namely Dev Kumar Ojha @ Kala Ojha and Pawon Kumar Ojha @ Pawan Kumar Ojha @ Patan Kumar Ojha are hereby rejected. He submits now the anticipatory bail is surviving only for petitioner Nos.3 to 5. 4. Learned counsel appearing for the petitioners submits that the petitioners and informant are agnates and there are land dispute between the parties and for that suit is also going on and Section 144 Cr.P.C. proceeding has also been initiated. He further submits that the only allegation is made that the petitioners have gone to the field and have taken away the crop. 5. Learned counsel appearing for the State opposed the prayer and submits that allegations are there of taking away the crop. 6. Considering that the suit is pending between the parties being O.S. No.26 of 2019 as disclosed in paragraph No.14 and both the sides are said to be agnates and the only allegation is made of going into the field and taking away the crops and in that view of the matter the petitioner Nos.3 to 5 namely Bablu Ojha, Vivek Ojha @ Vivek Kumar Ojha and Nitish Ojha @ Nitesh Kumar Ojha @ Nitesh Ojha are directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 24.03.2026 Sangam/