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Jharkhand High Court
Abha Prasad vs The State Of Jharkhand on 19 February, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
(2026:JHHC:5023)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 76 of 2023
Abha Prasad, aged about 49 years, wife of Shashi Kant Prasad, resident
of E-80, A-Block, Near Wireless Office, Sonari, P.O. & P.S.-Sonari,
Town-Jamshedpur, Dist.-East Singhbhum
.... Petitioner
Versus
1. The State of Jharkhand
2. Srikant Prasad @ Shrikant Prasad, aged about 65 years, son of late
Lal Bihari Prasad
3. Pushpa Prasad, aged about 51 years, wife of Srikant Prasad @
Shrikant Prasad
4. Shruti Prasad, aged about 24 years, daughter of Srikant Prasad @
Shrikant Prasad
5. Nishant Prasad, aged about 23 years, son of Srikant Prasad @
Shrikant Prasad
All are resident of H. No. E/80, A- Block, Khutadih, P.O. & P.S.-
Sonari, Town-Jamshedpur, Dist.-East Singhbhum
.... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioners : Mr. Sourav Kumar, Advocate
: Mr. Suraj Singh, Advocate
: Mr. Vikas Kumar, Advocate
For the State : Mr. Abhay Kr. Tiwari, Addl. P.P.
For O.P. Nos.2 to 5 : Mr. Dilip Kr. Karmakar, Advocate
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 482 of Cr.P.C. with the
prayer to quash the order dated 06.12.2022 passed in A.B.P. No. 1763
of 2022 by the learned Sessions Judge, East Singhbhum, Jamshedpur
whereby and where under, opposite party nos.2 to 5 to this criminal
(2026:JHHC:5023)
miscellaneous petition who were the petitioners of anticipatory bail
petition, have been granted the privilege of anticipatory bail and to
cancel the bail granted to the opposite party nos.2 to 5 in connection
with Sonari P.S. Case No. 113 of 2022.
3. The brief fact of the case is that at about 07:30 pm on 03.08.2022, the
opposite party no.2 being the elder brother of the husband of the
informant, opposite party no.3 being his wife, their daughter being
opposite party no.4 and their son being opposite party no.5 along
with Manish Kumar and Ritesh Kumar and ten other gunda elements
reached the place of occurrence and attacked the informant and his
children and when the sons of the informant came to her rescue, the
co-accused- Manish Kumar and Ritesh Kumar assaulted the son of
the informant with sword and attacked him with knife. The opposite
party nos.2 to 5 filed A.B.P. No. 1763 of 2022. The learned Sessions
Judge, East Singhbhum, Jamshedpur considered that this case is
counter blast of Sonari P.S. Case No. 112 of 2022 and 124 of 2022. The
opposite party no.2 herein alleged to have sustained injury by the
members of the petitioner's party. The learned Sessions Judge, East
Singhbhum, Jamshedpur considered that there was previous enmity
between the parties and series of litigation is pending between the
parties regarding land dispute. The learned Sessions Judge, East
Singhbhum, Jamshedpur further considered that the injury sustained
by the alleged victim are simple in nature, except one of the injuries
which was found to be grievous but it was not on the vital part of the
body and thus considering, granted the privilege of anticipatory bail
to the opposite party nos.2 to 5 herein.
(2026:JHHC:5023)
4. It is submitted by the learned counsel for the petitioner that the
petitioner who is the informant of the case has stated that her son
Akshay Kumar has sustained cut injury on his hand due to assault
made by Manish Kumar and Ritesh Kumar by knife requiring eight
stitches. It is next submitted by the learned counsel for the petitioner
that the independent witnesses have supported the case of the
prosecution. Hence, it is submitted that the prayer as made in this
criminal miscellaneous petition be allowed.
5. The learned Addl. P.P. and the learned counsel for the opposite
party nos.2 to 5 on the other hand vehemently opposes the prayer
and submits that specific allegation of assault is upon Manish Kumar
and Ritesh Kumar who are not the opposite parties of this case. The
only allegation against the opposite party nos.2 to 5 is that they were
present at the time of occurrence. It is then submitted by the learned
Addl. P.P. and the learned counsel for the opposite party nos.2 to 5
that in the absence of direct and specific allegation against the
opposite party nos.2 to 5 of inflicting any injury upon the victim, no
illegality has been committed by the learned Sessions Judge, East
Singhbhum, Jamshedpur in granting privilege of anticipatory bail to
the opposite party nos.2 to 5. Hence, it is submitted that this criminal
miscellaneous petition being without any merit be dismissed.
6. Having heard the submissions made at the Bar and after going
through the materials available in the record, it is pertinent to
mention here that the undisputed fact remains that there is no
allegation against the opposite party nos.2 to 5 of inflicting any
injury. The main allegation is against the co-accused-Manish Kumar
(2026:JHHC:5023)
and Ritesh Kumar who are not the opposite parties of this case. The
undisputed fact remains that series of litigation is going on between
the parties and this is a counter blast case of Sonari P.S. Case No. 112
of 2022 which was lodged on behalf of the opposite party nos.2 to 5
of this case and in the occurrence of that case the opposite party no.2
herein sustained injury. So far as this case is concerned, all injuries
except one is simple in nature and the grievous injury is not on the
vital part of the body rather it is on the hand that too was inflicted by
the co-accused persons.
7. Under such circumstances, this Court is of the considered view that
there is no justifiable reason for this Court to accede to the prayer
made in this criminal miscellaneous petition in exercise of its power
under Section 482 of Code of Criminal Procedure to cancel the bail
granted to the opposite party nos.2 to 5 of this case in terms of the
order dated 06.12.2022 passed by the learned Sessions Judge, East
Singhbhum, Jamshedpur in A.B.P. No. 1763 of 2022 or to quash the
said order dated 06.12.2022 passed in A.B.P. No. 1763 of 2022.
8. Accordingly, this criminal miscellaneous petition being without
any merit is dismissed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 19th February, 2026
AFR/Sonu-Gunjan/-
Uploaded on 20/02/2026
