2026:JHHC:21786 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3968 of 2026 ------ Sunil Kumar, aged about 42 years, son of Sri Harish Chandra Yadav, resident of Village & P.O. Kunwarpur, P.S. Panwara, District Jaunpur (U.P.) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. ------ 02/23.07.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Jainagar P.S. Case No. 06 of 2019 corresponding to G.R. No.495 of 2020, registered for the offence under Sections 302, 120B, 34, 201 of the Indian Penal Code and cognizance has been taken under Sections 306 and 34 of the Indian Penal Code, pending in the court of learned Sub Divisional Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case only on the basis of suspicion and there is nothing on record to point out the involvement of the petitioner in the death of the deceased. He next submits that the case was investigated by the police and final form has been submitted and the petitioner has not been sent up for trial. He further submits that the learned court by way of differing with the said final form, has been pleased to take cognizance against the petitioner only on the ground that the allegations are there. He also submits that the co-accused in identical situation has been granted anticipatory bail by this court in A.B.A. No.1619 of 2026. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the final form has been submitted, however, the learned court differing with the said final form has been pleased to take cognizance against the petitioner. 2026:JHHC:21786 5. It is an admitted position that the petitioner has not been sent up for trial, however, the learned court by way differing with the said final form, has been pleased to take cognizance against the petitioner. There is no doubt that the learned court is empowered to take cognizance differing with the final form, however, cogent reasons are required to be disclosed. In the order taking cognizance what are the materials for taking cognizance against the petitioner after filing the final form, has not been disclosed and further co-accused in identical situation has been granted anticipatory bail by this court in the aforesaid A.B.A., in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned court within two weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Koderma, in connection with Jainagar P.S. Case No. 06 of 2019 corresponding to G.R. No.495 of 2020, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 23.07.2026 Anit Uploaded 24.07.2026