Kongress Mahto vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsels for petitioners and for State.

The petitioners are apprehending their arrest in connection with Pathrol PS Case No.88 of 2025, for offence registered under section 191(2) 191(3), 109, 303(2), 115(2), 117(2), 351(2) of BNS, 2023, pending in court of learned Sub Divisional Judicial Magistrate, Madhupur.

Learned counsel for petitioners submits that there are case and counter case between the parties and altercation took place due to land dispute. He further submits that injury has been found on the informant side however it is not clear as to from whose blow such injury has been received.

Learned State counsel as well as the learned counsel for the informant jointly oppose the prayer and submit that in one of the case the petitioner has been released on consideration of Probation of Offenders Act under section 360 of CrPC.

Looking to the contents of the FIR it transpires that there are general and omnibus allegations of assault and there are case and counter case between the parties and it is not clear as to from whose blow such injury has been received by the informant side, I am inclined to grant anticipatory bail to petitioners.

Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Madhupur, in connection with Pathrol PS Case No.88 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.