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2026 DAILYLAW 25141 (JHR)

SAURABH KUMAR DUBEY v. THE STATE OF JHARKHAND

A.B.A./3976/2026 · 2026-09-02

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:26486 --1-- A.B.A. No. 3976 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3976 of 2026 ---- Saurabh Kumar Dubey, aged about 22 years, S/o Upendra Kumar Dubey, R/o – Village – Baliyari, PO – Saimaira, PS – Kandi, District – Garhwa, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vishal Kr. Trivedi, Advocate For the State :- Mr. Fahad Allam, Advocate For the Informant :- Ms. Aprajita Bhardwaj, Advocate ---- 02/02.09.2026 The matter relates to Garhwa P.S. Case No.164 of 2026 pending in the Court of learned C.J.M., Garhwa, Jharkhand. 2. It transpires that learned Sessions Judge has rejected the anticipatory bail of the petitioner by order dated 25.05.2026 in ABP No.308 of 2026 only on the ground that processes under Section 82 of Cr.P.C./Section 84 of BNSS has been issued and in view of that the anticipatory bail application has not been decided on merit. Subsequently, the petitioner has filed petition before this Court for quashing of processes order which has been quashed by a Co-ordinate Bench of this Court in Cr.M.P. No.1803 of 2026. 3. In the aforesaid background, it is desirable that the petitioner should move before the learned Sessions Judge and have an order on merit of anticipatory bail. 4. It is well settled that on the fresh ground the second anticipatory bail can be maintained, as such this application is disposed of with liberty to the petitioner to move before the learned 2026:JHHC:26486 --2-- A.B.A. No. 3976 of 2026 Sessions Judge and learned Sessions Judge will pass appropriate order after providing opportunity to all the sides. 5. This petition is disposed of. 6. Interim order, granted earlier, is hereby vacated. (Sanjay Kumar Dwivedi, J.) Dated 02.09.2026 Sangam/