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2026 DAILYLAW 8453 (JHR)

AMIT KUMAR @ AMIT BARNWAL v. THE STATE OF JHARKHAND

A.B.A./59/2026 · 2026-01-12

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:734 --1-- A.B.A. No. 59 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 59 of 2026 ---- 1. Amit Kumar @ Amit Barnwal, aged about 26 years, S/o Mohan Prasad Barnwal @ Mohan Barnwal 2. Shankar Kumar Sahu @ Shankar Sao, aged about 33 years, S/o Janki Nayak @ Janki Sao 3. Rohit Kumar @ Rohit Sao, aged about 27 years, S/o Duglal Sao 4. Pappu Kumar @ Pappu Sao, aged about 26 years, S/o Bhuneshwar Sao @ Kailu Sao All are resident of Atka, PO and PS – Bagodar, District - Giridih .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Arwind Kumar, Advocate For the State :- Mr. Rajneesh Vardhan, Advocate ---- 02/12.01.2026 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 Bagodar P.S. Case No.43/2022, registered for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 332, 337, 338, 186, 353, 295, 295(A), 153(A), 427 of the IPC, pending in the Court of the learned Judicial Magistrate, 1st Class, Giridih. 3. Learned counsel appearing for the petitioners submits that the petitioners had assembled and raised slogans near the mosque. He further submits that the allegations are also made that when the 2026:JHHC:734 --2-- A.B.A. No. 59 of 2026 police tried to pacify the matter, the mob threw stones upon the police causing injuries to the police personnel. He next submits that at the place of occurrence about 100 to 150 persons were present. He also submits that co-accused persons have already been provided privilege of anticipatory bail by a Coordinate Bench of this Court in A.B.A. No.9153 of 2023 and 7064 of 2025. He then submits that the petitioners have got no criminal antecedents, as disclosed in paragraph 13 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of pelting stone upon the police personnel. 5. Looking to the contents of the FIR, it transpires that the FIR has been registered against 9 named persons and 100 unknown persons. The allegations are made of pelting stone upon the police personnel, which is general and omnibus against all the accused persons. Although two of the petitioners are named in the FIR, however allegations are similar against them also. The petitioners are having no criminal antecedents, as disclosed in paragraph 13 of this application and co-accused persons have already been provided privilege of anticipatory bail by a Coordinate Bench of this Court in the aforesaid A.B.As. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to 2026:JHHC:734 --3-- A.B.A. No. 59 of 2026 surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond 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 Bagodar P.S. Case No.43 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 12.01.2026 Sangam/