A.B.A./5239/2026 of XXX Vs THE STATE OF JHARKHAND on 21 September 2026

1. XXX

2. XXX

3. XXX

4. XXX

..... … Petitioners

Versus The State of Jharkhand

..... … Opposite Party

-------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

------ For the Petitioners : Mr. Ankit Kumar, Advocate.

For the State

: Mr. Sardhu Mahto, A.P.P. ------ 05/ 21.09.2026 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners are apprehending their arrest in connection with Mohanpur P.S. Case No. 304 of 2025, registered for the offence under Sections 191(2), 191(3), 126 (2), 115(2), 109(1), 74, 76, 329(4), 303(2), 352, 351 (2) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Sub-Divisional Judicial Magistrate, Madhupur.

3. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and the allegations of making assault are general and omnibus. He next submits that in the case lodged by the petitioners’ side, the informant side have already been granted police bail. He also submits that the petitioners have lodged the first case. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioners.

4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of making assault and grievous injury has been received by the informant. On this ground, he submits that anticipatory bail may kindly be rejected.

5. On perusal of the FIR, it transpires that there are general and omnibus allegations against all the petitioners and it has been

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pointed out that there are case and counter case between the parties and in the case lodged by the petitioners’ side, the informant side have been released by the police, however, the allegation is there against petitioner No. 3 of outraging the modesty of the informant.

6. In the attending facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner No. 3 (Nand Lal Sharma). As such, his prayer for anticipatory bail is rejected.

7. So far as petitioner Nos. 1, 2 and 4 (Suresh Sharma, Shatrudhan Sharma and Yogendra Sharma respectively) are concerned, there are general and omnibus allegations against them and further there are case and counter case between the parties and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner Nos. 1, 2 and 4, above named.

8. Accordingly, petitioners Nos. 1, 2 and 4, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioner Nos. 1, 2 and 4 shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhupur, in connection with Mohanpur P.S. Case No. 304 of 2025, subject to conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.) Dated:-21.09.2026 Amitesh/-