Ashok Khalkho Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Ashok Khalkho Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 54 days in filing the appeal condoned (I.A. No. 16094 of 2025 disposed of); impugned order dated 22.07.2025 in A.B.P. No. 122 of 2025 set aside; appellants to surrender in the court below within four weeks and pray for bail, failing event they shall be released on bail on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class XI, Ranchi, in connection with Bero P.S. Case No. 48 of 2025, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 conditions.

Issue for consideration

Whether the delay of 54 days in filing Criminal Appeal (D.B.) No. 109 of 2026 should be condoned (I.A. No. 16094 of 2025). +1 more

Court's answer

The delay of 54 days in filing the appeal is hereby condoned, the Court having been satisfied with the reasons assigned in the application.

Ratio / Principle

The order dated 22.07.2025 passed in A.B.P. No. 122 of 2025 by the learned Judicial Commissioner, Ranchi is set aside.

Key takeaways

The appellants are directed to surrender in the court below within four weeks and pray for bail.ratio¶24
Upon surrender and prayer for bail, the appellants shall be released on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class XI, Ranchi in connection with Bero P.S. Case No. 48 of 2025, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.ratio¶24

Detailed headnote1 paragraphs

Criminal Appeal (D.B.) No. 109 of 2026 (Neutral Citation 2026:JHHC:3166-DB), High Court of Jharkhand at Ranchi, decided 06.02.2026 by Rongon Mukhopadhyay and Pradeep Kumar Srivastava, JJ. The appellants' prayer for anticipatory bail in A.B.P. No. 122 of 2025, arising out of Bero P.S. Case No. 48 of 2025 (allegation: a mob of five hundred persons surrounded the Sarna-Sthal, a scuffle occurred with police personnel and properties/articles were vandalized), had been rejected on 22.07.2025 by the learned Judicial Commissioner, Ranchi. Counsel for the appellants submitted that the allegations were general and omnibus and that several co-accused had been granted bail by this Court; the Special P.P. opposed but did not controvert that submission. By way of interim measure, the Division Bench condoned a 54-day filing delay (I.A. No. 16094 of 2025), set aside the rejection order, and directed the appellants to surrender within four weeks, on which they shall be released on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st Class XI, Ranchi, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 conditions. Appeal allowed.

Neutral Citation No. ( 2026:JHHC:3166-DB )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 109 of 2026

Ashok Khalkho S/o Budhwa Oraon, R/o Bero, Tirka Toli, PO & PS Bero, District Ranchi, Jharkhand

Magal Tirkey, S/o Somra Tirkey, R/o PO & PS Bero, District Ranchi, Jharkhand

Budhava Pahan, S/o Karma Pahan, R/o PO & PS Bero, District Ranchi, Jharkhand … … Appellants

Versus

The State of Jharkhand … … Respondent ---

CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Appellants : Mr. Prem Mardi, Advocate For the Respondent : Special P.P.

3/06.02.2026 I. A. No. 16094 of 2025:

Heard Mr. Prem Mardi, learned counsel for the appellants and learned Special P.P. for the State.

This interlocutory application has been preferred by the appellants for condoning the delay of 54 days in filing this appeal.

Having been satisfied with the reasons assigned in the application, the same is allowed and the delay of 54 days in filing this appeal is hereby condoned.

I. A. No. 16094 of 2025 stands disposed of.

Criminal Appeal (D.B.) No. 109 of 2026:

This appeal is directed against the order dated 22.07.2025 passed in A. B. P. No. 122 of 2025 arising out of Bero P. S. Case No. 48 of 2025 by the learned Judicial Commissioner, Ranchi whereby and whereunder the prayer for anticipatory bail of the appellants has been rejected.

It has been alleged that a mob of five hundred persons had surrounded the Sarna-Sthal and when the police personnel tried to pacify them, a scuffle had taken place and some properties as well as articles were vandalized.

-2-

Submission has been advanced by the learned counsel for the appellants that the allegations are general and omnibus in nature. He has further submitted that several of the co-accused persons have been granted bail by this court

Learned Special P.P. for the State though has opposed the prayer for anticipatory bail of the appellants, but has not opposed the aforesaid submission.

Regard being had to the above, we while setting aside the order dated 22.07.2025 passed in A. B. P. No. 122 of 2025 by the learned Judicial Commissioner, Ranchi direct the appellants above named to surrender in the court below within four weeks and pray for bail, and in that event, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1^st class XI, Ranchi in connection with Bero P. S. Case No. 48 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

This appeal is allowed.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.)

6^th February, 2026 R. Shekhar Cp 3 Uploaded on 17/02/2026