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2026 DAILYLAW 8134 (JHR)

MOKHTAR SHAH v. STATE OF JHARKHAND

A.B.A./7243/2025 · 2026-05-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:13442 ) -1- A.B.A. No. 7243 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7243 of 2025 1. Mokhtar Shah, aged about 66 years, son of Late Shahadat Shah 2. Neshar Shah, aged about 67 years, son of Late Shahadat Shah 3. Sagir Shah, aged about 44 years, son of Late Shahadat Shah 4. Emran Shah, aged about 30 years, son of Md. Akhtar All are residents of Village- Jahnadih, P.O. Nawagarh Chatti, P.S. Dhanwar, District- Giridih … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Anil Kumar Sinha, Advocate For the State : Mr. V.S. Sahay, A.P.P. For the Informant : Mr. Vijay Kumar Roy, Advocate ----- 04/06.05.2026 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 Dhanwar P.S. Case No. 203 of 2025, registered for the offence under Sections 191(2)(3), 190, 126(2), 127(2), 115(2), 117(2), 109, 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate, 1st Class, Giridih. 3. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and the altercation took place due to land dispute. He next submits that there are general and omnibus allegation against the petitioners of making assault. He further submits that both the sides have received injuries. He also submits that the petitioners have got no criminal antecedent, as disclosed in paragraph 10 of this application. He next submits that the co-accused persons have been granted anticipatory bail by this Court in A.B.A. Nos.242 of 2026 and 709 of 2026. ( 2026:JHHC:13442 ) -2- A.B.A. No. 7243 of 2025 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegation of assault is there and the injury is said to be grievous in nature. 5. Learned counsel appearing for the informant submits that injury has been received by the informant’s side, which is found to be grievous. 6. Looking into the contents of the FIR, it transpires that there are general and omnibus allegations and the injury received by the informant, pursuant to whose blow, is not clear and further there are case and counter case between the parties and both the sides have received injuries and petitioners are having no criminal antecedent, as disclosed in paragraph 10 of this application and co-accused persons have been granted anticipatory bail in the aforesaid A.B.As. and 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 three weeks from today and in the event of their surrender / arrest, they 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, 1st Class, Giridih, in connection with Dhanwar P.S. Case No. 203 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 6th May, 2026 Ajay/