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2026 DAILYLAW 5800 (JHR)

DIWAKAR DEO v. THE STATE OF JHARKHAND

A.B.A./1410/2026 · 2026-04-08

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

--1-- Neutral Citation No. ( 2026:JHHC:10035 ) IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1410 of 2026 ---- Diwakar Deo, aged about 46 years, son of Rampratap Sinha, resident of Gadra Chowk, P.O. Gadra, P.S.- Govindpur, Dist.- East Singhbhum .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Jitendra Shankar Singh, Advocate For the State :- Mr. Shashi Kumar Verma, A.P.P. ---- 02/08.04.2026 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 Gamharia P.S. Case No.121 of 2025, for offence registered under section 109, 126, 118(2), 125(b), 3(5) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, Seraikella. 3. Learned counsel for the petitioner submits that allegations are made that driver of the Trailor no.NL01K-3344 transported Pocklane on his trailor from Orissa to Gamharia and on demanding the freight charge, the altercation took place between the petitioner and the driver. He next submits that further allegations are made that this petitioner has tried to run over the Ertiga car over the informant. He next submits that the petitioner happens to be the owner-cum-driver of the said Ertiga Car. He next submits that the case is made out that is rash and negligent driving and it will under Section 125 of the B.N.S., however, the F.I.R. has been registered under Sections 125 and 109 of the B.N.S. also. He next submits that co-accused Somnath --2-- Barik @ Mokra has been granted anticipatory bail in A.B.A. No.1174 of 2026. 4. Learned A.P.P. opposes the prayer for anticipatory bail and submits that the petitioner was driving the said Ertiga Car. 5. Considering that the allegation took place due to demand of freight charge and the petitioner was driving the said Ertiga car and the allegations are made out of rash and negligent driving, wherein the F.I.R. is under Sections 125 and 109 of the B.N.S. and in that view of the matter, the petitioner, above named, is directed to surrender before learned court within two weeks from today, and the learned court shall release the petitioner, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper. 6. Accordingly, this anticipatory bail application is disposed of. (Sanjay Kumar Dwivedi, J.) Dated 08.04.2026 Jay/