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2026 DAILYLAW 8550 (JHR)

MD. SHAHNAWAZ @ DHANSWA v. THE STATE OF JHARKHAND

A.B.A./2043/2026 · 2026-05-05

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:13290 --1-- A.B.A. No. 2043 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2043 of 2026 ---- Md. Shahnawaz @ Danswa, aged about 34 years, son of Md. Kiloiya @ Md. Nasim resident of Bind Muhalla, Ward No.12, PO – Chatra, PS – Sadar, District - Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajesh Kr. Singh, Advocate For the State :- Mr. Rajesh Kumar, Advocate ---- 02/05.05.2026 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 Sadar P.S. Case No.33 of 2020, for the alleged offences registered under Sections 147, 148, 149, 341, 342, 353, 332, 333 and 307 of Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act pending in the Court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR and the FIR is registered against 21 named accused persons. He further submits that 100 to 150 unknown persons gathered in reaction of raising provocative slogans by three boys boarded on a motorcycle that was against Citizenship Amendment Act due to which the situation turned into communal riot. He then submits that there are general and omnibus allegation against the petitioner and others. He next submits that other co-accused persons have been granted anticipatory bail by Co-ordinate Benches of this Court in light of 2026:JHHC:13290 --2-- A.B.A. No. 2043 of 2026 Annexure-2 series. He also submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.18 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner was the member of unlawful assembly. 5. Considering that the co-accused persons have already been granted anticipatory bail by different benches of this Court in light of Annexure-2 series and the petitioner has got no criminal antecedent as disclosed in paragraph No.18 of the petition and petitioner is not named in the FIR and the allegations are there against 100 to 150 unknown persons which are general and omnibus, I am inclined to provide 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 Chief Judicial Magistrate, Chatra in connection with Sadar P.S. Case No.33 of 2020, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 05.05.2026 Sangam/