Ravi Kumar Mahta Vs State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2025)

Ravi Kumar Mahta Vs State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail — petitioner directed to surrender before the learned court within three weeks; on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of like amount each, to the satisfaction of learned J.M.F.C., Ramgarh, in connection with Gola P.S. Case No.10 of 2023, G.R. No.436 of 2023, subject to conditions under section 482(2) of BNSS, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Gola P.S. Case No.10 of 2023, G.R. No.436 of 2023 (section 302/34 IPC), where he was not sent up for trial but the learned Magistrate, differing with the charge sheet, took cognizance against him.

Court's answer

Anticipatory bail granted: the petitioner was not sent up for trial, the learned court differing with the charge sheet took cognizance against him, and in an identical situation the co-accused was granted anticipatory bail in ABA No.9097 of 2023 (parity).

Ratio / Principle

Petitioner directed to surrender before the learned court within three weeks; on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of like amount each, to the satisfaction of learned J.M.F.C., Ramgarh, in connection with Gola P.S. Case No.10 of 2023, G.R. No.436 of 2023, subject to conditions under section 482(2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — Petitioner apprehending arrest in Gola P.S. Case No.10 of 2023, G.R. No.436 of 2023, under section 302/34 IPC, pending before learned J.M.F.C., Ramgarh — Final form submitted by police without sending up the petitioner for trial, but the learned Magistrate, differing with the charge sheet, took cognizance against the petitioner — Co-accused in identical situation already granted anticipatory bail in ABA No.9097 of 2023 — Parity and non-send-up of the petitioner weighed with the Court — Petitioner directed to surrender within three weeks and, on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of like amount each, to the satisfaction of learned J.M.F.C., Ramgarh, subject to conditions under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 — Application allowed.

2025:JHHC:37686

IN THE HIGH COURT OF JHARKHAND, RANCHI

A.B.A. No. 7162 of 2025

---- Ravi Kumar Mahtha aged about 41 years son of Janki Mahtha resident of Village Kumhardaga Baura Tola, PO Kumhardaga PS Gola District Ramgarh .... Petitioner

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Shailendra Jit, Advocate For the State :- Mr. Nawin Kr Singh, Advocate ----

5 /15.12.2025 Heard learned counsels for petitioner and for State.

The petitioner is apprehending his arrest in connection with Gola P.S. Case No.10 of 2023, G.R. No.436 of 2023, for offence registered under section 302/34 IPC, pending in court of learned J.M.F.C., Ramgarh.

Learned counsel for petitioner submits that Gola PS Case No.10 of 2023 was investigated by the police and final form has been submitted and petitioner has not been sent up for trial however learned court differing with charge sheet has been pleased to take cognizance against petitioner and in identical situation coaccused has been granted anticipatory bail in ABA No.9097 of 2023.

Learned State counsel opposes prayer and submits that learned court is having power to differ with the chargesheet and take cognizance.

Considering that petitioner has not been sent up for trial however learned court differing with charge sheet has been pleased to take cognizance against petitioner and in identical situation coaccused has been granted anticipatory bail in ABA No.9097 of 2023, I am inclined to grant anticipatory bail to petitioner.

Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned J.M.F.C., Ramgarh, in connection with Gola P.S. Case No.10 of 2023, G.R. No.436 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

( Sanjay Kumar Dwivedi, J.)

15.12.2025 SI/