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2026 DAILYLAW 8167 (JHR)

NITISH ALIAS ATISH KUMAR v. THE STATE OF JHARKHAND

A.B.A./1991/2026 · 2026-04-30

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:12727 --1-- A.B.A. No. 1991 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1991 of 2026 ---- Nitish @ Atish Kumar, son of Sri Manoj Paswan, aged about 27 years, resident of Boring Camp near Fire Station, Baruguttu, PO – Ghanto Tand, PS – Mandu, District – Ramgarh .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Upendra Nath Mahto, Advocate For the State :- Mr. Shailendra Kr. Tiwari, Advocate ---- 02/30.04.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Mandu (W.B.) P.S. Case No.- 149/2025, registered under Section 281/ 189(2)/ 189(4)/ 191(3)/ 115(2)/ 126(2)/ 109(1)/ 76 of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of Learned A.C.J.M. Ramgarh. 3. Learned counsel appearing for the petitioner submits that the case is arising out of road raging and only because of water pouring from the scotty upon the informant, the altercation took place. He also submits that both the sides have received the injury. He then submits that the petitioner works in a company as a security guard and to buttress this argument he refers to identity card contained in Annexure-3. He next submits that in identical situation one co-accused has already been granted anticipatory bail in A.B.A. No.6304 of 2025. 2026:JHHC:12727 --2-- A.B.A. No. 1991 of 2026 He also submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.5 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that both the sides have received the injury. 5. In view of the above and considering that the petitioner happened to be a Security Guard in light of Annexure-3 and the petitioner has got no criminal antecedent as disclosed in paragraph No.5 of the petition and only due to pouring of the water from the scotty of the petitioner, the altercation took place and in identical situation one co-accused has already been granted anticipatory bail in the aforesaid A.B.A., I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the 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 the like amount each, to the satisfaction of learned A.C.J.M. Ramgarh in connection with Mandu (W.B.) P.S. Case No.- 149/2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 30.04.2026 Sangam/