2026:JHHC:19355 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 3505 of 2026 ---- Kuleshwar Yadav @ Kuleshar Yadav aged 47 years son of Mohan Yadav, resident of Village Mahungain PO and PS Pratappur District Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajiv N. Prasad, Advocate For the State :- Mr. Vishwanath Roy, Advocate ---- 2/02.07.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Pratappur PS Case No.75 of 2012 corresponding to G.R No.1008 of 2023, for offence registered under section 420, 406 of Indian Penal Code, pending in court of learned Sub Divisional Judicial Magistrate, Chatra. 3. Learned counsel for petitioner submits that the petitioner has earlier moved before this Court in ABA No.11583 of 2022 which was dismissed as withdrawn vide order dated 13.4.2023 since the processes under section 82 of the Cr.PC was issued. He next submits that the certified copy of the order issuing process notice under section 82 Cr.PC was not made available to the petitioner and thereafter the petitioner has again filed the second ABA No.5565 of 2023, however, in the meantime, on 07.01.2023, the process under section 82 Cr.PC has been issued and in view of that the petitioner has further withdrawn the second ABA No.5565 of 2023. He next 2026:JHHC:19355 2 submits that thereafter the petitioner has challenged the process under section 82 Cr.PC in Cr.MP No.239 of 2026 for quashing the same which was allowed by order dated 9.2.2026 and he submits that thereafter the present bail application has been filed. He next submits that the said anticipatory bail application was not decided on merit and only on technical ground, he has withdrawn the earlier two petitions. He next submits that the allegations are made against the petitioner and Amku Yadav of not digging the well and misappropriating a sum of Rs.1,14,500/-. He next submits that the petitioner happened to be brother of said Amku Yadav and the said Amku Yadav has been granted anticipatory bail in ABA No.210 of 2019 and the other co-accused persons have also been granted anticipatory bail in ABA No.7204 of 2016, ABA No.4101 of 2019, ABA No.2114 of 2019 and ABA No.839 of 2023 and on these grounds, he submits that anticipatory bail to the petitioner may kindly be granted. 4. Learned State counsel opposes prayer and submits that earlier twice anticipatory bail applications were dismissed as withdrawn and this is the third one and in view of that anticipatory bail to the petitioner may kindly be rejected. 5. There is no doubt that the petitioner has earlier twice moved before this Court by way of filing anticipatory bail applications, however, both the times, he has withdrawn the petitions as the process under section 82 Cr.PC has been issued and 2026:JHHC:19355 3 that has been noted in the argument of the learned counsel appearing for the petitioner. The said ABAs were not decided on merit and the co-accused persons have been granted anticipatory bail in the aforesaid ABAs, and in the changed circumstances, the anticipatory bail can be maintained and that is well-settled and the petitioner is said to be brother of said Amku Yadav and he has been granted anticipatory bail and other co-accused persons have also been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Chatra, in connection with Pratappur PS Case No.75 of 2012 corresponding to G.R No.1008 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 02.07.2026 SI/