Nejam Shah Alias Nejam Uddin Shah Alias Nijam Shah Vs… — Anticipatory Bail | Jharkhand HC (2026)

Nejam Shah Alias Nejam Uddin Shah Alias Nijam Shah Vs… — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within four weeks and, upon surrender/arrest, be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, in connection with Dhanwar P.S. Case No. 203 of 2025, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Dhanwar P.S. Case No. 203 of 2025, should be granted anticipatory bail.

Court's answer

On looking into the contents of the FIR, the court found the allegations against the petitioner to be general and omnibus, and observed that the injury received by the informant and whose blow caused it is not clear; there being case and counter case between the parties, injuries on both sides, and no criminal antecedent of the petitioner (disclosed in para-11 of the petition), the court was inclined to grant anticipatory bail.

Ratio / Principle

Anticipatory bail was granted to the petitioner.

Key takeaways

The petitioner was directed to surrender before the learned court within four weeks, and in the event of surrender/arrest to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory Bail — Granted. Petitioner apprehending arrest in Dhanwar P.S. Case No. 203 of 2025, registered for offences under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 117(2), 109, 352 and 351(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to IPC Sections 147, 148, 149, 341, 342, 323, 325, 307, 504, 506), pending before the learned Judicial Magistrate, 1st Class, Giridih. Counsel submitted there were case and counter case arising from a land dispute, general and omnibus assault allegations, injuries on both sides, and no criminal antecedent of the petitioner; the State opposed, stating the injury was grievous. The court found the FIR allegations general and omnibus and the injury to the informant unclear as to whose blow caused it, and granted anticipatory bail: surrender within four weeks, release on bail bond of Rs. 25,000/- with two like sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

[2026:JHHC:1381]

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 242 of 2026

Nejam Shah @ Nejam Uddin Shah @ Nijam Shah, aged about 47 years, S/o-Kudus Shah, R/o VillagePanchayat Bodgo Block, Nawagarh, Raj Dhanwar, Jahanadih, P.O.- Nawagadh Chatti, P.S.- Dhanwar, District-Giridih.

..... … Petitioner

Versus

The State of Jharkhand

..... … Opposite Party

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Shailesh Kumar Singh, Advocate. For the State : Mr. Satish Prasad, A.P.P. ------

03/ 19.01.2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is apprehending his arrest in connection with Dhanwar P.S. Case No. 203 of 2025, registered for the offence under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 117(2), 109, 352, and 351(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Sections 147, 148, 149, 341, 342, 323, 325, 307, 504, 506 of the IPC), pending in the court of learned Judicial Magistrate, 1st Class, Giridih.

Learned counsel appearing for the petitioner submits that there are case and counter case between the parties and the altercation took place due to land dispute. He next submits that there are general and omnibus allegation against this petitioner of making assault. He further submits that both the sides have received injuries. He also submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-11 of the petition.

Learned A.P.P. appearing for the State has opposed the

prayer and submits that the allegation of assault is there and the injury

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[2026:JHHC:1381]

is said to be grievous in nature.

Looking into the contents of the FIR, it transpires that there are general and omnibus allegation and the injury received by the informant, pursuant to whose blow is not clear and further there are case and counter case between the parties and both the sides have received injuries and petitioner is having no criminal antecedent and disclosure to that effect has been made in para-11 of the petition, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, named above, is directed to surrender before the learned court within four weeks from today and in the event of her surrender / arrest, the petitioner, named above, 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, 1^st Class, Giridih, in connection with Dhanwar P.S. Case No. 203 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated:-19.01.2026 Amitesh/-

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