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2026 DAILYLAW 4459 (JHR)

KAILASH PRASAD ALIAS KAILASH SAHU v. THE STATE OF JHARKHAND

A.B.A./6804/2025 · 2026-02-05

Sanjay Kumar Dwivedi

Public Interest Litigationbody2026

Judgment text

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[ 2026:JHHC:3099] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6804 of 2025 1. Kailash Prasad @ Kailash Sahu, S/O-Jamuna Sahu, Aged about 57 years, Resident of Vill- Mangalpur, Mangarpur, P.O- Panki, P.S-Panki, Dist- Palamu, Jharkhand. 2. Chandan Kumar Alias Chandan Sahu, S/o-Kailash Saw, aged about 28 years, R/O- Vill- Mangalpur, Mangarpur, P.O- Panki, P.S- Panki, Dist- Palamu, Jharkhand. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Pran Pranay, Advocate. For the State : Mr. V.S. Sahay, A.P.P. ------ 03/ 05.02.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Ratu P.S. Case No. 296 of 2025, registered for the offence under Sections 126(2), 115(2), 191(2), 191(3), 303(2) and 74 of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioners submits that the petitioner No.1 has purchased the land of khata No. 4, plot No. 493, sub-plot No. 493/3-A, Rakwa-5.7 decimal through registered sale deed No. 2598/2389 on 21.07.2025 from one Rajdeo Sharma, which is contained in Annexure-2 of the petition. He next submits that the name of the petitioner No. 1 has also been mutated in the office of Circle Officer and as such, on 20.08.2025, the petitioners along with 5-6 labourers were digging his land for pillar to construct the house and pursuant to that the informant’s side has reached there along with 25 to 30 motorcyclists and demanded extortion money of Rs. 10 lakhs, for [ 2026:JHHC:3099] -2- that an FIR has been lodged by the petitioners against the informant’s side. He also submits that thereafter the present case has been lodged on the same day against the petitioners. He then submits that the petitioners have been falsely implicated in this case due to the fact that they have reached earlier to the police station. He then submits that the allegations are there of making assault, however, there is no injury. 4. Learned A.P.P. appearing for the State and learned counsel appearing for the informant jointly opposed the prayer and submit that the allegation of making assault is there. 5. In the FIR, allegations are made of brutally assaulting the informant, however, on the query made by the court, the learned counsel appearing for the State after going through the case diary has submitted that there is no injury, which prima facie suggests that there is a case and counter case between the parties and the present case is the counter blast to the case filed by the petitioners being Ratu P.S. Case No. 295 of 2025. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the petitioners, named above, are directed to surrender before the learned court within four weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty- five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Ratu P.S. Case No. 296 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-05.02.2026 Amitesh/-