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2026 DAILYLAW 6568 (JHR)

ABHISHEK KUMAR MAHANTI @ ABHISHEK MAHANTI v. STATE OF JHARKHAND

A.B.A./1649/2026 · 2026-04-16

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:11023 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1649 of 2026 ---- 1.Abhishek Kumar Mahanti @ Abhishek Mahanti aged 40 years son of Murlidhar Mahanti resident of Basia PO and PS Basis Disrict Gumla, Jharkhand 2.Amit Kumar Mahanti @ Amit Mahanti age 32 years, son of Murlidhar Mahanti, r/o Basis PO and PS Basis, District Gumla, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Mohit Prakash, Advocate For the State :- Mr. Gautam Rakesh, Advocate ---- 2/16.04.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Basia PS Case No.7 of 2026, for offence registered under section 126(2), 115(2), 117(2), 109, 352, 3(5) of BNS, 2023, pending in court of learned Additional Chief Judicial Magistrate, Gumla. 3. Learned counsel for the petitioners submits that the alleged occurrence is said to be occurred on 25.01.2026 whereas the FIR has been lodged 29.01.2026. He next submits that the petitioner is brother of petitioner no.2 and petitioner no.2 is the owner of Samridhi Bus bearing No.JH07J8884 with lawful permit to travel from Sisai to Simdega via Basia vice versa on daily basis and a dispute between the petitioner no.2 and the informant including the owner of Shiv Mangal Bus registration number JH01FX 7794 started as informant who is the driver of Shiv Mangal Bus used to drive the bus from Ranchi to 2026:JHHC:11023 2 Simdega via Hatinghore vice versa but said informant started to ply the bus via Basia without permit causing heavy business losses to Samridhi Bus and hence the petitioner no.(2) being an owner of Samridhi Bus has requested not to ply Shiv Mangal Bus on non-permit area and pursuant to that, the altercation took place and there is allegation against the petitioners of assault and the learned counsel further submits that the injury is not on the vital part of the body. 4. Learned State counsel opposes prayer and submits that the allegations are there of assault. 5. Considering that occurrence is said to be occurred on 25.01.2026 whereas the FIR has been lodged 29.01.2026, and prima- facie, it appears that there is business rivalry between the parties for plying the bus on the same route and for that the case has been lodged, and the petitioners have got no criminal antecedent as aforesaid, and in the attending facts and circumstances of the present case, both the petitioners, above named, are, hereby, directed to surrender before learned court within two weeks from today, and learned court shall release both the petitioners, above named, on such terms and conditions as well as sureties as the learned court may deem fit and proper. 6. A.B.A. No.1649 of 2026 is disposed of. ( Sanjay Kumar Dwivedi, J.) 16.04.2026 SI/