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2026 DAILYLAW 18326 (JHR)

SERAJ UDDIN ANSARI @ SARAJUDDIN ANSARI @ SIRAJUDDIN ANSARI v. STATE OF JHARKHAND

A.B.A./3480/2026 · 2026-06-30

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:18990 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 3480 of 2026 ---- 1.Seraj Uddin Ansari @ Sarajuddin Ansari @ Sirajuddin Ansari, aged about 55 years, son of Alludddin, resident of Village Dargah Mohalla, Markacho, PO and PS Markacho, District Koderma 2.Krishna Kumar Rajak, aged about 42 years, son of Rambilash Rajak, resident of Village-Srinagar, PO and PS Markacho, District -Koderma .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Randhir Kumar, Advocate For the State :- Mrs Anuradha Sahay, Advocate ---- 2/30.06.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Markacho PS Case No.102 of 2010, corresponding to GR Case No.944 of 2010, for offence registered under section 406, 409 and 120B of Indian Penal Code, pending in court of learned Judicial Magistrate, First Class, Koderma. 3. Learned counsel for petitioners submits that the case has earlier been investigated by the police in Markacho PS Case No.102 of 2010 and the charge sheet has been submitted whereby the petitioners have not been sent up for trial, however, the learned court, differing with the final form, has been pleased to take cognizance. He next submits that said cognizance order was challenged before this Court and this Court was pleased to quash the order taking cognizance and directed to pass fresh cognizance order and the fresh cognizance order was passed by the learned court on 23.9.2025. He next submits that in the FIR itself, it has been stated that an amount of Rs.28,500/- has already been 2026:JHHC:18990 2 returned to the Government. He also submits that one of the co- accused has been granted anticipatory bail by the Coordinate Bench of this Court in ABA No.3100 of 2015 and on these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned State counsel opposes prayer and submits that allegations are there of defalcating Rs.28,500/- of Government money. 5. Considering that in the FIR itself it has been stated that the said amount has already been returned and the police has submitted final form in which the petitioners have not been sent up for trial, however, the learned court, differing with the final form, has been pleased to take cognizance, and one of the co-accused has been granted anticipatory bail by the Coordinate Bench of this Court in ABA No.3100 of 2015, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to both the petitioners. 6. Accordingly, both the petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, both 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 like amount each, to satisfaction of learned Judicial Magistrate, First Class, Koderma, in connection with Markacho PS Case No.102 of 2010, corresponding to GR Case No.944 of 2010, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 30.06.2026 SI/