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2026 DAILYLAW 8981 (JHR)

KOMAL MAHTO ALIAS KOMAL KUMAR v. THE STATE OF JHARKHAND

A.B.A./5688/2025 · 2026-01-13

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:819 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5688 of 2025 Komal Mahto @ Komal Kumar, aged about 25 years, son of Kailash Mahto, resident of village Chandaul, P.O. and P.S. Barkagaon, District-Hazaribagh ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Pradeep Kr. Prasad, Advocate For the State : Mr. Saket Kumar, A.P.P. 07/ 13.01.2026: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Katkamdag P.S. Case No. 140 of 2022, registered under section 302 of I.P.C, pending in the Court of learned Judicial Magistrate, Ist Class, Hazaribagh. 3. Learned counsel for the petitioner submits that the petitioner is not named in F.I.R. He further submits that informant has only stated that his son along with one Akash Kumar Paswan had gone on the motorcycle and at a particular place accident took place and thereafter the son of the informant was taken to Sadar Hospital, Hazaribagh and thereafter referred to RIMS, Ranchi. He further submits that one Ravi Ranjan who happens to be Forest Guard has stated that the petitioner has come to him to take mobile of the deceased. He next submits that independent witnesses in the case diary have stated that accident took place and the son of the informant and one Akash Kumar became injured. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that one Ravi Ranjan in para 77 of the case diary has taken the name of the petitioner and Ashok Mehta. 5. On query made by the Court, learned counsel for the State fairly ( 2026:JHHC:819 ) submits that independent witnesses in the case diary have stated that accident took place and one of the independent witness who is the resident of nearby of the place of accident has stated in para 12 of the case diary that he had gone at the spot and has found two persons injured there. 6. In view of above and considering that the petitioner is not named in F.I.R. In para 77 of the case diary, one Ravi Ranjan who happens to be Forest Guard has stated that the petitioner has come to him to take mobile of the deceased. In the F.I.R it has come that accident took place. Thereafter, the son of the informant was referred to Sadar Hospital, Hazaribag and further he was referred to RIMs, Ranchi. 7. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Hazaribagh, in connection with Katkamdag P.S. Case No. 140 of 2022, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.13.01.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-