Raj Kumar Sah Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Raj Kumar Sah Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner Nos.1 and 2 (Raj Kumar Sah and Vivekanand Sah): to surrender within three weeks and, on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023; prayer for anticipatory bail of petitioner No.3 (Dilip Kumar Sah @ Dilip Sah) rejected.

Issue for consideration

Whether the petitioners, apprehending arrest in Jama P.S. Case No.64 of 2025 (alleged offences under Sections 126(2), 115, 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023), are entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail is granted to petitioner Nos.1 and 2, Raj Kumar Sah and Vivekanand Sah, because the allegations against them are general and omnibus and there is a case and counter case between the parties.

Ratio / Principle

Prayer for anticipatory bail of petitioner No.3, Dilip Kumar Sah @ Dilip Sah, is rejected because the FIR contains a specific allegation of his assault by hammer pursuant to which grievous injury was received upon the father of the informant.

Key takeaways

Petitioner Nos.1 and 2 are directed to surrender before the learned Court within three weeks and, in the event of surrender/arrest, shall be released on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶22

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand, Ranchi (A.B.A. No. 909 of 2026; neutral citation 2026:JHHC:4805; Sanjay Kumar Dwivedi, J.; 18.02.2026) — Petitioners apprehending arrest in Jama P.S. Case No.64 of 2025 for alleged offences under Sections 126(2), 115, 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023, arising from a neighbour dispute over a common passage with case and counter case between the parties — Prayer for anticipatory bail REJECTED for petitioner No.3, Dilip Kumar Sah @ Dilip Sah, on the specific allegation of assault by hammer pursuant to which grievous injury was received upon the father of the informant — Anticipatory bail GRANTED to petitioner Nos.1 and 2, Raj Kumar Sah and Vivekanand Sah, against whom allegations are general and omnibus — Directed to surrender within three weeks; on surrender/arrest to be released on bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

2026:JHHC:4805

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 909 of 2026

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1. Raj Kumar Sah, aged about 47 years

2. Vivekanand Sah, aged about 43 years

3. Dilip Kumar Sah @ Dilip Sah, aged about 50 years All are son of Bejnath Sah @ Baijnath Sah @ Vaijnath Sah, resident of village and PO – Nonihathwari, PS – Jama, District

Dumka, Jharkhand .... Petitioners

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

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners	:-	--- Mr. Bhola Nath Rajak, Advocate
For the State	:-	Mr. Rakesh Ranjan, Advocate
For the Informant	:-	Mr. Sanjeev Thakur, Advocate
	:-	Mr. Jagat Kumar Soni, Advocate ----

02 /18.02.2026 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the Informant.

2. The petitioners are apprehending their arrest in connection with Jama P.S. Case No.64 of 2025, for the alleged offences registered under Sections 126(2), 115, 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned J.M. 1^st Class, Dumka.

3. Learned counsel appearing for the petitioners submits that the petitioners and informant are neighbours and the dispute is

there between them for common passage and for that the

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altercation took place. He further submits that there are case and counter case between the parties and in view of that anticipatory bail may kindly be provided to the petitioners.

4. Learned counsel appearing for the State and Informant jointly opposed the prayer and submits that injury has been found to be grievous upon the father of the informant. 5. Looking into the contents of the FIR it transpires that allegation is there against petitioner No.3 namely Dilip Kumar Sah @ Dilip Sah of assault by hammer and pursuant to that grievous injury has been received upon the father of the informant and in view of that I am not inclined to provide anticipatory bail to the petitioner No3. namely Dilip Kumar Sah @ Dilip Sah. Hence, the prayer for anticipatory bail of the petitioner No3. namely Dilip Kumar Sah @ Dilip Sah is hereby rejected.

6. So far petitioner Nos.1 and 2 are concerned, there are general and omnibus allegation against them and there are case and counter case between the parties and in view of that I am inclined to provide anticipatory bail to the petitioner Nos.1 and 2 namely Raj Kumar Sah and Vivekanand Sah respectively.

7. Accordingly, the petitioner Nos.1 and 2, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioner Nos.1 and 2, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand)

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each, with two sureties of the like amount each, to the satisfaction of learned J.M. 1^st Class, Dumka in connection with Jama P.S. Case No.64 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 18.02.2026 Sangam/

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