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2026 DAILYLAW 17967 (JHR)

DR DINESH CHANDRA SAWAIYAN @ DINESH CHANDRA SAWAIYAN v. STATE OF JHARKHAND

A.B.A./3317/2026 · 2026-06-25

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:18726 --1-- A.B.A. No. 3317 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3317 of 2026 ---- Dr. Dinesh Chandra Sawaiyan @ Dinesh Chandra Sawaiyan, S/o Late Bonj Sawaiyan, aged about 45 years, R/o Songhpokharia, PO – Chaibasa, PS – Chaibasa Mufassil, District – West Singhbhum, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rupesh Singh, Advocate :- Mr. Harshit Sahay, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ---- 02/25.06.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Chaibasa Sadar P.S. Case No.18 of 2026, for the alleged offences registered under Sections 125, 271 and 272 of Bharatiya Nyaya Sanhita, 2023 and Section 27A of Drugs and Cosmetics Act, 1940 pending in the Court of learned Additional District Judge – II, West Singhbhum, Chaibasa. 3. Learned counsel appearing for the petitioner submits that the petitioner was a Medical Officer of Community Health Centre, Jhikpani and the petitioner was having the additional charge of Blood Bank, Sadar Hospital, Chaibasa and In-charge of District Public Health Laboratory, Sadar Hospital, Chaibasa and Medical 2026:JHHC:18726 --2-- A.B.A. No. 3317 of 2026 Officer of Mandal Kara (Divisional Jail). He further submits that the petitioner has been falsely implicated in this case alleging that infected blood transfusion has been made upon the children. He then submits that duty of collection and transfusion of blood bank are of the Supervisor and Technician. He next submits that in identical situation Civil Surgeon of Sadar Hospital, Chaibasa has been granted anticipatory bail in ABA No.3225 of 2026. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that infected blood was transfused upon the children and pursuant to that they have infected with the HIV virus. On this ground, he submits that anticipatory bail may kindly be rejected. 5. Considering that the petitioner was working in different capacity in different medical centers as noted in the argument of learned counsel appearing for the petitioner and it has been pointed out that collecting the blood and transfusion are the duty of Supervisor and Technician respectively and further the Civil Surgeon of Sadar Hospital, Chaibasa has been granted anticipatory bail by this Court in the aforesaid ABA. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above 2026:JHHC:18726 --3-- A.B.A. No. 3317 of 2026 named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional District Judge – II, West Singhbhum, Chaibasa in connection with Chaibasa Sadar P.S. Case No.18 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 25.06.2026 Sangam/