YOGESHWAR PRASAD KUSHWAHA v. THE STATE OF JHARKHAND
B.A./8261/2026 · 2026-09-07
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 25442 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 25442 (JHR) · dailylaw.ai ]
Judgment text
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[2026:JHHC:26798] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8261 of 2026
------ Yogeshwar Prasad Kushwaha, aged about 43 years, S/o Kewal Mahto, R/o Pandeydih, P.O. & P.S.- Giridih, Dist- Giridih, Jharkhand.
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Mohit Prakash, Advocate
Mrs. Binita Sahay, Advocate. For the State
: Mr. Shree Prakash Jha, Addl.P.P.
Ms. Ishani Singh, Advocate.
Mr. Vishal Kumar, Advocate.
------
Order No:-02 Dated:-07-09-2026
Heard the parties. The petitioner has been made accused in connection with Gandey P.S. Case No. 56 of 2025 registered for the offences punishable under Sections 316(2), 318(2), 338, 336(3), 3(5) of the B.N.S., 2023.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner told the informant that he is the real estate businessman and along with the co-accused person namely Mahendra Prasad Verma and entered into an agreement after taking Rs.13,11,000/- from the informant posing themselves to be the power of attorney holder of the land even though in the agreement it was mentioned that they have also entered into an agreement of sale with the land owner. It is further alleged that subsequently that the petitioner took 27,11,000/- and Rs.10,00,000/- was spent by the informant for carrying out different kinds of work on the land concerned, but the petitioner did not transfer the land to the informant. It is next submitted dispute between the parties is at its best a civil dispute. It is further submitted that charge sheet has been submitted against the petitioner but no witness has been examined as yet. It is further submitted that the petitioner has been in custody since 27.07.2026 as mentioned in para-01 of the instant bail application. It is
also submitted that the co-accused, with similar allegations, has already been admitted to bail by this Court vide order dated 29.06.2026 passed in B.A. No.5825 of 2026. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and also undertakes not to annoy or disturb the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be released on bail.
Learned counsel appearing for the State opposes the prayer for bail of the petitioner.
Considering the facts of this case, the above-named petitioner is
directed to be enlarged 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 the learned Judicial Magistrate 1st Class, Giridih in connection with Gandey P.S. Case No. 56 of 2025 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and he will not annoy or disturb the witnesses of the case in any manner during the trial of the case.
(Anil Kumar Choudhary, J.) Dated:- 07.09.2026 Amar/