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2026 DAILYLAW 8275 (JHR)

NITISH KUMAR v. THE STATE OF JHARKHAND

A.B.A./2018/2026 · 2026-05-04

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:13219 --1-- A.B.A. No. 2018 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2018 of 2026 ---- 1. Nitish Kumar, aged about 23 years, son of Shiv Murat Prasad Yadav 2. Rohit Kumar @ Rohit Kumar Yadav, aged about 21 years, son of Awdhesh Prasad Yadav, 3. Raju Yadav @ Raju Kumar Yadav, aged about 20 years, sonk of Manoj Yadav, All are residents of Ward No.15, Maidhiya, village – Bansani, PO – Jhargrakand, PS – Bhawnathpur, District – Garhwa, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Suraj Singh, Advocate :- Mr. Sunil Singh, Advocate For the State :- Mr. V.S. Sahay, Advocate ---- 02/04.05.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Bhawnathpur P.S. Case No.24 of 2026, for the alleged offences registered under Sections 126(2), 115(2), 109, 351(2), 351(3), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate 1st Class, Garhwa. 3. Learned counsel appearing for the petitioners submits that children were playing cricket and they started quarrelling and thereafter the elders have also involved. He further submits that 2026:JHHC:13219 --2-- A.B.A. No. 2018 of 2026 there are case and counter case between the parties and both the sides have received the injury. He then submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations of assault are there. 5. Considering that the children were playing cricket and they started quarrelling and thereafter elders have also involved and there are case and counter case between the parties and both the sides have received the injury and the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, 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 petitioners, 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 Judicial Magistrate 1st Class, Garhwa in connection with Bhawnathpur P.S. Case No.24 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 04.05.2026 Sangam/