Jharkhand High Court

Arvind Das @ Arbind v. The State of Jharkhand

2026:JHHC:27734 · A.B.A./4349/2026

Decision date
2026-09-11
Text availability
Full text
Judges
Sanjay Kumar Dwivedi

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Judgment text

2026:JHHC:27734 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A No.4349 of 2026 ---- 1.Arvind Das @ Arbind aged about 35 years, son of Mahendra Das 2.Mahesh Kumar Das @ Mahesh Das, aged about 28 years, son of Chandar Das 3.Dinesh Kumar Das, aged about 38 years, son of Nageshwar Das 4.Manoj Das @ Sukhdeo Das, aged about 26 years son of Tejo Das All residents of Panchayat Koiridih, Block Suriya, PO Koiridih and PS Suriya, District Deoghar .... Petitioners -- Versus -- The State of Jharkhand ….. .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- Mr. Ankit Kumar, Advocate For the State :- Mr. Sardhu Mahto, Advocate For the Informant :- Mr. Kamdeo Pandey, Advocate ---- 2/11.09.2026 Heard learned counsel for petitioners and learned counsel for the respondent State. 2. The petitioners are apprehending their arrest in connection with Saria P.S. Case No.91 of 2026, for offence registered under section 189(2), 191(3), 126(2), 115(2), 117(2), 118(1), 109, 308(2), 351(2)(3), 352 read with 3(5) of BNS, 2023, pending in court of learned Judicial Magistrate First Class, Giridih.

3. Learned counsel for petitioners submits that the petitioners have been falsely implicated in this case and the petitioners were not present on the spot and he next submits that there are case and counter case between the parties. He submits that from the petitioners’ side, Saria P.S. Case No.92 of 2026 has been registered against the informant party. He next submits that in that case, the allegations are made by the daughter of the accused no.2 of the present case of intoxicating her by way of mixing something in the drink and raped her and thereafter the present case has been lodged. He next submits that so far as the petitioners are 1 2026:JHHC:27734 concerned, the allegation of assault is not there against them and that allegation is against Tilak Das and Raju Das, and in that view of the matter, he submits that anticipatory bail may kindly be granted. 4. Learned State counsel as well as the learned counsel for the informant jointly oppose the prayer and submit that there are allegations of assault and in view of that anticipatory bail may kindly be rejected.

5. On perusal of the FIR, it transpires that so far as these petitioners are concerned, there are general and omnibus allegations and allegation of assault is there against Tilak Das and Raju Das and they are not the petitioners in the present application and there are case and counter case between the parties, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to the satisfaction of learned Judicial Magistrate First Class, Giridih, in connection with Saria P.S. Case No.91 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) Dated : 11.09.2026 SI/ 2