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2026 DAILYLAW 5436 (JHR)

ARAYAN ORAON ALIAS ARYAN ORAON v. THE STATE OF JHARKHAND

A.B.A./1090/2026 · 2026-03-17

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:7238 --1-- A.B.A. No. 1090 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1090 of 2026 ---- Arayan Oraon @ Aryan Oraon, aged about 20 years, son of Devan Oraon, R/o village – Kumhariya, PO and PS – Pithoria, District – Ranchi, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Suraj Kishore Prasad, Advocate For the State :- Mr. V.S. Sahay, Advocate ---- 02/17.03.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Pithoria P.S. Case No.158 of 2025 for the alleged offences registered under Section 103(1) of Bharaiya Nyaya Sanhita, 2023, pending in the Court of learned Sub-Divisional Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner was riding the motorcycle and inadvertently he has dashed the son of the informant, who died on the spot due to said accident. He further submits that Section 103(1) of Bharatiya Nyaya Sanhita, 2023 has been added in the FIR and the facts of the present case is not fulfilling the ingredients of Section 103(1) of Bharatiya Nyaya Sanhita, 2023 rather in light of the facts Section 281 of Bharatiya Nyaya Sanhita, 2023 is attracted which is bailable. He then submits that the said accident took place on 08.11.2025 2026:JHHC:7238 --2-- A.B.A. No. 1090 of 2026 wherein the FIR has been lodged on 04.12.2025. He next submits that the petitioner happened to be a student and has appeared in the intermediate examination by way of Annexure-2. He also submits that the petitioner has also received the injury and the petitioner was also treated. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner was driving the said motorcycle by which the accident took place. 5. In the FIR itself, it has been disclosed that the petitioner was riding the motorcycle and the accident took place and pursuant to that the son of the informant died. Prima facie, it appears that this is a case of rash and negligent driving of the motorcycle. Petitioner happened to be a student and he has got no criminal antecedent as disclosed in paragraph No.09 of the petition and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 17.03.2026 Sangam/