[ 2026:JHHC:6275] 1 Cr.M.P. No. 587 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 587 of 2026 1. Kanhai Yadav @ Kanhaiya Yadav, aged about 41 years, son of Bhageshwar Yadav, resident of Nirsa Khatal, Heriajam, P.O. & P.S. Nirsa, District -Dhanbad, State -Jharkhand, PIN Code 828205 2. Rahul Singh @ Dhaniyta, aged about 27 years, son of Parapada Singh, resident of Birsinghpur, Nirsa Chatti, P.O. Birsingpur, P.S. Nirsa, District Dhanbad, State- Jharkhand, PIN Code 828205 3. Suraj Singh, aged about 23 years, son of Nimai Singh, resident of Birshingpur, Nirsa Chatti, P.O. Birsingpur, P.S. Nirsa, District Dhanbad, State- Jharkhand, PIN Code 828205 4. Prasanjeet Bakti @ Prasanjeet Bagati, aged about 20 years, son of Sashti Bagati, resident of Birshingpur, Nirsa Chatti, P.O. Birsingpur, P.S. Nirsa,District Dhanbad, State Jharkhand, PIN Code 828205 ...... Petitioners Versus The State of Jharkhand .….. Opposite Party For the Petitioners : Ms. Jasvindar Mazumdar , Adv. Mr. Rohan Mazumdar , Adv. For the State : Ms. Kumari Rashmi, Addl. PP P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of BNSS with two fold prayers of quashing and setting aside the order dated 08.01.2026 as well the order dated 19.01.2026 passed by learned JMFC, Dhanbad in connection with Nirsa P.S. case no. 01 of 2026 but learned counsel for the petitioner does not press the prayer of quashing the order dated order dated 08.01.2026. Accordingly, the prayer of quashing and setting aside the order dated 08.01.2026 passed by learned JMFC, Dhanbad in connection with Nirsa P.S. case no. 01 of 2026 is rejected as not pressed. 3. So far as the order dated 19.01.2026 passed by learned JMFC, Dhanbad in connection with Nirsa P.S. case no. 01 of [ 2026:JHHC:6275] 2 Cr.M.P. No. 587 of 2026 2026 is concerned, by the same the learned JMFC, Dhanbad has issued proclamation under Section 82 of CrPC. 4. The brief facts of the case is that on 19.01.2026, the I.O. of the case, filed an application for issuance of the proclamation under Section 82 of CrPC, and learned Magistrate, basing upon the materials in the record came to the conclusion that the accused persons are deliberately evading their arrest and are not co-operating with the investigation of the case and after being satisfied that the accused persons of the case including the petitioners are evading their arrest, issued the proclamation under Section 82 of CrPC by fixing 11.00 AM on 23.02.2026 in court of the learned JMFC, Dhanbad. 5. It is submitted by learned counsel for the petitioners that learned JMFC, Dhanbad without application of the judicial mind, merely on the basis of the requisition of the I.O., has issued the proclamation, hence, the same is not sustainable in law. It is lastly submitted that the prayer as made in this Criminal Miscellaneous Petition be allowed. 6. Learned Addl. PP on the other hand submits that learned JMFC, Dhanbad after applying his judicial mind, was satisfied from the materials available in the record, that the petitioners are evading their arrest and they are threatening the witnesses of the case and are trying to destroy the evidence and after being thus satisfied, learned JMFC, Dhanbad has issued the proclamation under Section 82 of CrPC, fixing the time and place for appearance of the accused persons of the case including the petitioners, hence it is submitted that there is absolutely no illegality in the impugned order dated 19.01.2026 passed by learned JMFC, Dhanbad and this Criminal Miscellaneous Petition being without any merit, be dismissed. 7. 7. Having heard the submissions made at the Bar and after going through materials available in the record, this court finds that learned JMFC, Dhanbad before issuing the [ 2026:JHHC:6275] 3 Cr.M.P. No. 587 of 2026 proclamation under Section 82 of CrPC, has recorded his satisfaction that the petitioners are evading their arrest and after being thus satisfied, has issued the proclamation under Section 82 of CrPC, fixing the time and place for appearance of the accused persons of the case, in respect of whom, the proclamation has been ordered to be issued, hence, this court is of the considered view that there is no justifiable reason to interfere with the impugned order dated 19.01.2026 passed by learned JMFC, Dhanbad. 8. Accordingly, this Criminal Miscellaneous Petition being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 10th March, 2026 Smita /AFR Uploaded on 16.03.2026