2025:JHHC:38137 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7233 of 2025 Vijay Paswan, aged about 52 years, Son of Kameshwar Paswan, resident at Kela, P.O. & P.S.- Bhawnathpur,District- Garhwa, Jharkhand …Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Sheo Kumar Singh, Advocate Ms. Juhi Kumari, Advocate Mr. Vishwajeet Kumar Tiwari, Advocate Ms. Diksha Rani, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P. ----- 02/18.12.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Bhawnathpur P.S. Case No.33 of 2021 corresponding to G.R. Case No. 1205 of 2022, registered for the offence under Sections 302, 201, 120-B of the IPC, but cognizance of offence has been taken under Section 306 of the IPC, pending in the Court of the learned JMFC, Nagar Untari, Garhwa. 3. Learned counsel appearing for the petitioner submits that the case has been registered under Sections 302, 201, 120-B of the IPC in connection with Bhawnathpur P.S. Case No.33 of 2021 and the police has investigated the case and submitted the final form saying the lack of evidence. He further submits however, the learned Court differing withthe said final form has taken the cognizance under Section 306 of the IPC and said cognizance has been taken only on the ground that death due to asphyxia due to hanging. 4. Learned counsel appearing for the State opposed the prayer and submits that learned Court has taken the cognizance differing with the final form and that power is there to learned Court. 2025:JHHC:38137 2 5. There is no doubt that the learned Court can take the cognizance differing with the final form or the charge-sheet. However, the cogent reasons is required to be there, initially, the case was instituted under Sections 302, 201, 120-B of the IPC, charge-sheet filed saying lack of evidence, however, the learned Court has been pleased to take the cognizance under Section 306 of the IPC on the ground that the death of the deceased has occurred due to asphyxia causing by the hanging. It has been stated that petitioner has got no criminal antecedent, as disclosed in para-12 of the petition. 5. Regard being had to the facts and circumstances of the case, I am inclined to extend the privilege of 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 arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Nagar Untari, Garhwain connection with Bhawnathpur P.S. Case No.33 of 2021 corresponding to G.R. Case No. 1205 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 18th December, 2025 Simran/