Rohit Kumar @ Rohit Mahto Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Rohit Kumar @ Rohit Mahto Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned Court within three weeks; on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bermo at Tenughat, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be extended to the petitioner, who is apprehending arrest in connection with Jageshwar Bihar P.S. Case No.13 of 2025.

Court's answer

Taking into account the case and counter case between the parties, the altercation having arisen while purchasing a goat, the petitioner's lack of criminal antecedent, the first case having been lodged from the petitioner's side, and anticipatory bail already granted to six co-accused in A.B.A. No. 315 of 2026, the court extended the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to surrender before the learned Court within three weeks and, in the event of arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail Application granted — High Court of Jharkhand at Ranchi, A.B.A. No. 638 of 2026 (decided 05.02.2026, Sanjay Kumar Dwivedi, J.). Petitioner Rohit Kumar @ Rohit Mahto, apprehending arrest in Jageshwar Bihar P.S. Case No.13 of 2025 (offences under Sections 191(2), 190, 126(2), 115(2), 109 of the BNS, 2023 and Sections 3 and 4 of Prevention of Witch Craft Act, 2001, pending before Judicial Magistrate, 1st Class, Bermo at Tenughat), was extended the privilege of anticipatory bail. Grounds relied on: case and counter case between the parties; altercation arising while purchasing a goat; petitioner having no criminal antecedent; first case lodged from the petitioner's side; and six co-accused already granted anticipatory bail in A.B.A. No. 315 of 2026. Terms: surrender within three weeks; on arrest or surrender, enlargement on bail on a bond of Rs.25,000/- with two like sureties, subject to Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023 conditions.

 ( 2026:JHHC:2995 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 638 of 2026

Rohit Kumar @ Rohit Mahto, aged about 19 years, son of Sanichar Mahto, resident of village-Tilaiya, P.O. Danea, P.S. Jageshwar Bihar, District-Bokaro ...... … Petitioner

Versus

The State of Jharkhand .…. … Opposite Party

-------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mrs. Pinki Kumari, Advocate For the State : A.P.P.

04/ 05.02.2026 : Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jageshwar Bihar P.S. Case No.13 of 2025, registered for the offence under Sections 191(2), 190, 126(2), 115(2), 109 of the BNS, 2023 and Sections 3 and 4 of Prevention of Witch Craft Act, 2001, pending in the Court of the learned Judicial Magistrate, 1st Class, Bermo at Tenughat.

Learned counsel appearing for the petitioner submits that there are case and counter case between the parties and allegations are made that this petitioner has assaulted the wife of Bisheshwar Mahto however injury has been found simple in nature on the body of other persons. She further submits that first case has been lodged from the petitioners’ side. She next submits that the petitioner has got no criminal antecedent, as disclosed in paragraph 21 of this application and six of the co-accused persons have been granted anticipatory bail in the A.B.A. No. 315 of 2026 .

Learned counsel appearing for the State opposed the prayer and submits that the allegations of assault are there.

Considering that the altercation took place while they were in process of purchasing the goat and the petitioner has got no criminal antecedent, as disclosed in paragraph 21 of this application and there are

 ( 2026:JHHC:2995 )

case and counter case between the parties and first case has been lodged from the petitioners’ side and six of the co-accused persons have been granted anticipatory bail in the aforesaid A.B.A and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bermo at Tenughat in connection with Jageshwar Bihar P.S. Case No.13 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Dt.05.02.2026 satyarthi-

( Sanjay Kumar Dwivedi, J.)