A.B.A./5531/2026 of ROHIT ORAON Vs THE STATE OF JHARKHAND on 1 October 2026

1. Rohit Oraon, aged about 26 years, Son of Docha Oraon, Resident of Village- Bharno, Pokhra Toli, P.O. & P.S. Bharno, District- Gumla (Jharkhand).

2. Maheshwar Kumar Ganjhu @ Maneshwar Ganjhu @ Jhulan Baraik, aged about 29 years, Son of Bhuneshwar Ganjhu, Resident of Village- Asani Khurd, P.O. Tapej, P.S. Chatra, District- Chatra.

3. Tejuwa Oraon, aged about 24 years, Son of Jatu Oraon, Resident of Village- Bharno, Pokhra Toli, P.O. & P.S.- Bharno District- Gumla, Jharkhand.

4. Sudarshan Mahli, aged about 24 years, Son of Ganesh Mahli, Resident of Heth Toli Bharno, P.O. & P.S.- Bharno, District- Gumla, Jharkhand.

5. Mukesh Oraon @ Ratiya Oraon, aged about 40 years, Son of Late Gobra Oraon, Resident of Tetanga Toli Bharno, P.O. & P.S. P.S.- Bharno, District- Gumla, Jharkhand.

6. Bappi Oraon, aged about 33 years, Son of Anganu Oraon, Resident of Bharno, P.O. & P.S. Bharno, District- Gumla, Jharkhand.

7. Ranjit Oraon, aged about 34 years, Son of Hari Oraon, Resident of Village Pokhra Toli Bharno, P.O. & P.S.- Bharno, District- Gumal, Jharkhand.

8. Suresh Oraon @ Temba Oraon, aged about 32 years, Son of Birsa Oraon, Resident of Village- Pokhra Toli, Bharno, P.O. & P.S. Bharno, District- Gumla, Jharkhand. .... .... …. Petitioners

Versus The State of Jharkhand

.... .... .... Opposite Party

------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Petitioners : Mr. Vikas Pandey, Advocate

For the State

: Mr. Bhola Nath Ojha, Spl.P.P. For the Informant : Mr. A.K. Sahani, Advocate.

Mr. Vikesh Kumar, Advocate.

------ Order No:-02 Dated:-01-10-2026

Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bharno P.S. Case No. 32 of 2026 registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 117(2), 109, 351(2) & 351(3) of the B.N.S., 2023. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners being members of an unlawful assembly, in prosecution of common object of the assembly attempted to commit murder of Ratnesh Prasad Keshri by assaulting him with a lathi and dabiya (Sharp Cutting Weapon) on his head. It is next submitted that the main allegation of assault is only against petitioner no.5 - Mukesh Oraon @ Ratiya Oraon and there is no direct or specific allegation of assault against any of the rest petitioners and they have only been roped in, in this case because of the admitted land dispute between the parties. It is next submitted that the injuries sustained by the victim are simple in nature. It is then submitted that the petitioners undertake to furnish sufficient security amount and also undertakes to cooperate with the investigation of the case and further undertakes that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case.

Learned counsel appearing for the State as well as learned counsel for the informant vehemently opposes the prayer for grant of anticipatory bail and submits that keeping in view the direct and specific allegation is against Petitioner no. 5 Mukesh Oraon @ Ratiya Oraon of causing injury on the vital part of the body of the informant; there is requirement of custodial interrogation. It is further submitted that keeping in view his criminal antecedent, there is every chance of the petitioner absconding and tampering with evidence if released on bail, hence, petitioner no.5 Mukesh Oraon @ Ratiya Oraon ought not be given the privilege of anticipatory bail. Considering the direct allegation against the petitioner no.5 Mukesh Oraon @ Ratiya Oraon and the requirement of his custodial interrogation during the investigation of the case as well as his criminal antecedent, this Court is not inclined to give the privilege of anticipatory bail to petitioner no.5 (Mukesh Oraon @ Ratiya Oraon). Accordingly, his prayer for anticipatory bail application is rejected. So far, the petitioner no.1-4 and 6-8 are concerned, in the absence of any direct specific allegation against them of having caused hurt to anyone, this Court is of the considered view that they be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of two weeks from the date of this order, the petitioner nos.1-4 and 6-8 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 the learned Additional Chief Judicial Magistrate, Gumla in connection with Bharno P.S. Case No. 32 of 2026 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Card in the Court below during the pendency of the case, with further condition that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J.) Dated:- 01.10.2026 Amar/