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2025 DAILYLAW 2130 (JHR)

MITHLESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./580/2026 · 2026-02-03

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:38766 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 580 of 2026 ---- Mithilesh Kumar aged about 27 years, son of Ranjan Prasad, resident of Village Gram Hazart Sain, PO Hazrat Sain, Dhanuwa and PS Dhanuwa, District-Patna, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms Shipra Sonam, Advocate For the State :- Mrs Kumari Rashmi, Advocate ---- 2/03.02.2026 Heard learned counsels for petitioner and the State. 2. The petitioner is apprehending his arrest in connection with Jagannathpur P.S. Case No. 36 of 2025, registered under sections 303(2)/3(5) of BNS, pending in the Court of learned Chief Judicial Magistrate 1 st Class, Chaibasa. 3. Learned counsel for the petitioner submits that petitioner is not named in F.I.R. and the name of the petitioner has come in the confessional statement of co-accused and allegations are made that water supply pipe has been removed and that has been sold in the market by the apprehended coaccused. He then submits that petitioner has got no criminal antecedent which is disclosed in para 16 of the petition. He further submits that coaccused have been granted anticipatory bail in A.B.A. No. 5979 of 2025 and ABA No.6061 of 2025. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and 2025:JHHC:38766 2 submits that allegations are there of removing water supply pipe and the name of the petitioner has come in the confessional statement of the co-accused. 5. Considering that petitioner is not named in F.I.R. and the name of the petitioner has come in the confessional statement of co-accused. The petitioner has got no criminal antecedent which is disclosed in para 12 of the petition and it is not disclosed how part sale consideration amount has been paid to the petitioner and co-accused has been granted anticipatory bail in A.B.A. No. 5979 of 2025 and ABA No.6061 of 2025. 6. In the attending facts and circumstances of the case, I am inclined to grant 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 surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate 1 st Class, Chaibasa, in connection with Jagannathpur P.S. Case No. 36 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) 03.02.2026 SI/