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2026 DAILYLAW 7413 (JHR)

MAHENDRA SHARAN KUMHAR v. THE STATE OF JHARKHAND

A.B.A./1917/2026 · 2026-04-29

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:12541 --1-- A.B.A. No. 1917 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1917 of 2026 ---- 1. Mahendra Sharan Kumhar, aged about 61 years, son of Late Lakhan Kumhar 2. Sanjit Kumhar, aged about 30 years, son of Gokhul Kumhar 3. Gokhul Kumhar, aged about 46 years, son of Late Lakhan Kumhar 4. Prabhat Kumhar @ Prabhat Kumar, aged about 24 years, son of Gokhul Kumhar All are residents of village – Ramakunda, PO – Ramakunda, PS – Topchanchi, District - Dhanbad .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Rohan Mazumdar, Advocate For the State :- Mrs. Shweta Singh, Advocate For the Informant :- Md. Ayub Ansari, Advocate ---- 02/29.04.2026 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the Informant. 2. The petitioners are apprehending their arrest in connection with Topchanchi P.S. Case No.11 of 2026, for the alleged offences registered under Sections 126(2), 115(2), 118(2), 352, 351(2), 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioners submits that 2026:JHHC:12541 --2-- A.B.A. No. 1917 of 2026 petitioner No.2 has already been apprehended and in view of that he is not pressing the anticipatory bail application of petitioner No.2 namely Sanjit Kumhar. He further submits that now the anticipatory bail application is surviving only for petitioner Nos.1, 3 and 4. 4. In view of his such submission, prayer of petitioner No.2 namely Sanjit Kumhar is dismissed as not pressed. 5. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties for the land dispute. He further submits that there are general and omnibus allegation of assault against all the family members and the lady family members have already been granted anticipatory bail by the impugned order. 6. Learned counsel appearing for the State and Informant jointly opposed the prayer and submits that allegation of assault are there pursuant to that injury has been received by the informant. On this ground, he submits that anticipatory bail application may kindly be rejected. 7. Looking into the contents of the FIR it transpires that there are general and omnibus allegation of assault against all the accused persons and it is not clear from whose blow such injury has been received and the ladies family members have already been granted anticipatory bail by learned Sessions Judge. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner Nos.1, 3 and 4 namely 2026:JHHC:12541 --3-- A.B.A. No. 1917 of 2026 Mahendra Sharan Kumhar, Gokhul Kumhar and Prabhat Kumhar @ Prabhat Kumar. 8. Accordingly, the petitioner Nos.1, 3 and 4, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioner Nos.1, 3 and 4, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Topchanchi P.S. Case No.11 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 29.04.2026 Sangam/