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2026 DAILYLAW 8141 (JHR)

MITHUN MAHATO ALIAS MITHUN KUMAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./1967/2026 · 2026-04-30

Sanjay Kumar Dwivedi

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:12762 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 1967 of 2026 ---- Mithun Mahato @ Mithun Kumar Mahto, aged about 33 years, son of Subhash Mahto, resident of Village and PS Baidmara, PS Harla, Dist. Bokaro .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Jai Shankar Tripathy, Advocate For the State :- Ms Mahua Palit, Advocate ---- 2/30.04.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Harla PS Case No.66 of 2025, for offence registered under section 126, 115(2), 117(2), 109, 303(2), 308, 351(2), 351(3), 352, 3(5) of BNS, 2023, pending in court of learned Judicial Magistrate First Class, Bokaro. 3. Learned counsel for petitioner submits that the informant is a builder and on the blank paper they have taken signature of the father of the petitioners who is an illiterate person and they are forcefully trying to construct the house on the plot of the land in question and one partition suit being Original Suit No.40 of 2025 is pending. He also submits that father of the petitioners has filed a complaint case being Complaint Case No.358 of 2025 for the alleged attempt of occupying the plot on 10.03.2025 and thereafter the present FIR has been lodged by the builder on 07.05.2025. He next submits that if any case is there, that is of civil in nature, and in 2026:JHHC:12762 2 spite of that, the criminal case has been lodged. 4. Learned State counsel opposes prayer and submits that the allegations are there of assault. 5. Considering that father of the petitioners is said to be an illiterate person and on a blank paper the signature has been taken by the informant/builder and for the said act, the complaint case has been filed by the father of the petitioner on 10.03.2025 and further one partition suit as aforesaid is pending for the same land and the present FIR is lodged on 08.05.2025, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before learned court within two weeks from today, and in event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to the satisfaction of learned Judicial Magistrate First Class, Bokaro, in connection with Harla PS Case No.66 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 30.04.2026 SI/