NEHAL ALAM @ MD. NEHAL ALAM @ NEHAL AALAM v. THE STATE OF JHARKHAND
A.B.A./4014/2026 · 2026-07-22
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21538 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21538 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:21726
--1-- A.B.A. No. 4014 of 2026
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4014 of 2026
---- Nehal Alam @ Md. Nehal Alam @ Nehal Aalam, aged about 31 years, son of Md. Mukhtarul Haque, resident of village – Lalmati, PO and PS – Taljhari, District – Sahibganj
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Gautam Kumar, Advocate
For the State
:- Mr. Naveen Kr. Ganjhu, Advocate
---- 02/22.07.2026 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 Tinpahar P.S. Case No.162 of 2025, registered for the offence under Sections 316(2), 316(5), 318(4), 338, 336(3) and 3(5) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Sub Divisional Judicial Magistrate, Rajmahal.
3.
Learned counsel appearing for the petitioner submits that the petitioner is said to be Junior Engineer and the allegations are made of using JCB and other equipment in discharging of the MGNREGA scheme. He further submits that the B.D.O., Taljhari conducted an enquiry pursuant to the order of the Deputy Development Commissioner and he has given the report contained in Annexure- 3 that there are irregularities however, financial embezzlement has not been alleged. He next submits that Panchayat Secretaries, Junior Engineer and Mukhiya have been granted anticipatory bail by this court in ABA No.3908 of 2026, A.B.A. No.3521 of 2026 and A.B.A. No.3574 of 2026 respectively. He also submits that the
2026:JHHC:21726
--2-- A.B.A. No. 4014 of 2026
petitioner is having no criminal antecedent as disclosed in para 19 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of utilizing JCB in executing the scheme of MGNREGA. He submits that in view of that anticipatory bail may kindly be rejected.
5. Considering that Annexure-3 is the document which prima facie suggests that only allegation is made of irregularities and there is no allegation of embezzlement of fund and the petitioner is said to be Junior Engineer and three of the co-accused persons have been granted anticipatory bail by this court in the aforesaid A.B.As. and it has been pointed out that the petitioner is having no criminal antecedent as disclosed in para 19 of the petition, in the attending facts and circumstances, I am inclined to grant 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 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 Sub Divisional Judicial Magistrate, Rajmahal in connection with Tinpahar P.S. Case No.162 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 22.07.2026 Sangam/