Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 4179 (JHR)

KIRANI BRAHM v. THE STATE OF JHARKHAND

A.B.A./7476/2025 · 2026-03-19

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:7713 --1-- A.B.A. No. 7476 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7476 of 2025 ---- 1. Kirani Brahm, aged 48 years, S/o Chakardhar Braham 2. Sudam Brahm, aged 24 years, S/o Kirani Brahm 3. Golu Brahm @ Gore Brahm @ Golu Braham, aged 22 years, S/o Kirani Brahm All are residents of village – Barkop, PO – Bandanavar, PS – Godda, District – Godda .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mrs. Vani Kumari, Advocate For the State :- Mr. Rajesh Kumar, Advocate ---- 03/19.03.2026 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 Pathargama P.S. Case No.160 of 2025 for the alleged offences registered under Sections 126(2), 115(2), 303(2), 109, 308(3), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Sub-Divisional Judicial Magistrate, Godda. 3. Learned counsel appearing for the petitioners submits that the petitioners are innocent and it is not clear from the FIR that who has assaulted the informant and with what type of weapon and whether the assault was made by fists or slaps. She further submits that the allegations are made that on 07.10.2025 attempt to steal pipes was made, however, in fact no attempt of theft ever took 2026:JHHC:7713 --2-- A.B.A. No. 7476 of 2026 place. She then submits that on 08.10.2025 at Barcope Durga Temple both the sides amicably settled the dispute and the allegation of sudden attack is doubtful. She next submits that the injuries are also found to be simple. 4. Learned counsel appearing for the State opposed the prayer and submits that allegation of assault are there and the injuries have also been received. 5. Considering that the settlement was made on 08.10.2025 between the parties and thereafter the allegation of sudden attack have been made and in paragraph No.76 of the case diary the injuries are said to be simple and in that view of the matter the petitioners 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 19.03.2026 Sangam/