UPENDRA PRASAD @ UPENDRA SAH @ UPENDRA PRASAD GUPTA v. STATE OF JHARKHAND
A.B.A./361/2026 · 2026-01-27
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4096 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4096 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:1981 ) -1- A.B.A. No. 361 of 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 361 of 2026
1. Upendra Prasad @ Upendra Sah @ Upendra Prasad Gupta, aged about 48 years, S/o Mundrika Kumar Gupta
2. Motichand Prasad, aged about 58 years, S/o Mundrika Sao
Both are R/o Village- Ramna, P.O. & P.S. Ramna, District- Garhwa, Jharkhand
… Petitioners
-Versus-
State of Jharkhand
… Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Ashish Gautam, Advocate For the State
: Mr. V.S. Sahay, A.P.P. For the Informant : Ms. Anushka Swadha, Advocate
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02/27.01.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. Ms. Anushka Swadha, learned counsel submits that she has received instruction on behalf of the informant, however, she has not yet filed Vakalatnama as the matter is on board today.
2. In view of her such submission, the said Vakalatnama is taken on record.
3. The petitioners are apprehending their arrest in connection with Ramuna P.S. Case No.47/2025, registered for the offence under Sections 126(2), 115(2), 117(2), 118(2), 109, 351(2)(3), 352, 3(5) of the BNS, pending in the Court of the learned Judicial Magistrate, 1st Class, Nagar Untari, Garhwa.
4.
Learned counsel appearing for the petitioners submits that the petitioners and informant are agnates. He further submits that the altercation took place due to construction of house. He then submits that now a good sense has prevailed between the parties and compromise has reached
( 2026:JHHC:1981 ) -2- A.B.A. No. 361 of 2026
between them. He next submits that the compromise petition is also brought on record as Annexure-2 of this application. He also submits that the petitioners have moved before the learned Sessions Judge, however, the learned Sessions Judge has been pleased to reject the anticipatory bail petition of the petitioners on the ground that the sections are not compoundable.
5.
Learned counsel appearing for the State opposed the prayer and submits that the prayer for anticipatory bail of the petitioners was earlier rejected by this Court.
6.
Learned counsel appearing for the informant submits that the compromise has taken place between the parties. She submits that in view of that, anticipatory bail can be granted to the petitioners.
7. Considering that compromise has reached between the parties and it has been pointed out that both the sides are agnates and further it is well- known that in the changed circumstance second anticipatory bail application can be maintained and Annexure-2 is the document, which suggests that compromise has reached between the parties and that has been supported by the learned counsel appearing for the informant and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners.
8. 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, Nagar
( 2026:JHHC:1981 ) -3- A.B.A. No. 361 of 2026
Untari, Garhwa in connection with Ramuna P.S. Case No.47/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated: 27th January, 2026 Ajay/