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2026 DAILYLAW 18245 (JHR)

KUNDAN KUMAR v. STATE OF JHARKHAND

A.B.A./3439/2026 · 2026-06-29

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:18829] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3439 of 2026 1. Kundan Kumar, aged about 28 years, son of Mintu Bin, Resident of Tarwan, P.O. & P.S.- Wazi, District- Muzaffarpur (Bihar). 2. Raja Kumar, Aged about 32 years, Son of Dharmendra Mishra, Resident of Baramuni, Near Little Flower School, Dhanbad, P.O. & P.S.- Dhanbad, District- Dhanbad. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ankit Kumar, Advocate For the State : Mr. Jitendra Pandey, A.P.P. ------ 06/ 29.06.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Deoghar Town P.S. Case No. 482 of 2024, for the alleged offences registered under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Deoghar. 3. Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case and allegations are made of taking away the mobile phone of a shopkeeper, who was selling the fruits. He next submits that the same has occurred inadvertently. He then submits that in para-42 of the case diary, it has come that the informant has appeared before the police and produced the stolen mobile phone by way of submitting that further two female members have come and one of them, who is the mother of petitioner No. 2, has handed over the said stolen mobile phone to her, stating that her son Raja Kumar has mistakenly lifted the said mobile in place of [2026:JHHC:18829] -2- fruits during purchase of fruits and that aspect has been dealt with the learned Sessions Judge, however, he has rejected the prayer for anticipatory bail. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioner. 4. Learned A.P.P appearing for the State has opposed the prayer and submits that the allegations are there of taking away the mobile phone. 5. Considering that the allegations are made of taking away the mobile phone of the informant and further the said mobile phone has been returned by the mother of petitioner no. 2 to the informant and that has come in para-42 of the case diary, which has been considered by the learned Sessions Judge and in the attending facts and circumstances of the case, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar, in connection with Deoghar Town P.S. Case No. 482 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-29.06.2026 Amitesh/-