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2026 DAILYLAW 11803 (JHR)

KUNDAN KUMAR YADAV ALIAS KUNDAN KUMAR v. THE STATE OF JHARKHAND

A.B.A./873/2026 · 2026-05-12

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:14498 --1-- A.B.A. No. 873 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 873 of 2026 ---- Kundan Kumar Yadav @ Kundan Kumar, aged about 25 years, son of Baudhi Yadav, resident of Gram Sanjha, PO – Sanjha and PS – Rajoun, District – Banka, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Ankit Kumar, Advocate For the State :- Mrs. Shweta Singh, Advocate ---- 03/12.05.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Jasidih P.S. Case No.182 of 2025 for the alleged offences registered under Sections 103(1), 238 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Additional Chief Judicial Magistrate, Deoghar. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and the petitioner has nothing to do with the death of driver of the bus. He further submits that the petitioner was working as a conductor in ‘Maa Bhawani Shankar’ Bus. He then submits that the death was accidental and the petitioner has nothing to do with the said death. On these grounds, he submits that anticipatory bail may kindly be 2026:JHHC:14498 --2-- A.B.A. No. 873 of 2026 granted. 4. Learned counsel appearing for the State opposed the prayer and submits that the said bus was parked in bus stand and it was not moving and it has come in the investigation that the petitioner and the co-accused along with deceased were in the bus itself and in the morning the deceased was found dead and his body was found under the bus. He submits that there is direct mens rea against the petitioner as there was dispute with regard to collection of money from passengers of bus and for that prima facie disputes arose between the petitioner and deceased. On these grounds, he submits that anticipatory bail may kindly be rejected. 5. Considering that in the investigation it has come that the petitioner, other co-accused and deceased were present in the bus and the bus was parked in the bus stand and it was not in a moving position and the allegations are made of death of deceased and his body was found under the bus and the dispute is there with regard to collection of money from passengers of bus. 6. In the attending facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, hence, the prayer for anticipatory bail of the petitioner is hereby rejected. (Sanjay Kumar Dwivedi, J.) Dated 12.05.2026 Sangam/