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2026 DAILYLAW 27630 (JHR)

BRAJESH YADAV @ BRAJESH KUMAR YADAV v. THE STATE OF JHARKHAND

B.A./8976/2026 · 2026-09-29

Anubha Rawat Choudhary

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Judgment text

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2026:JHHC:29218 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8976 of 2026 Brajesh Yadav @ Brajesh Kumar Yadav, Aged about 22 years, Son of Bodh Narayan Yadav, Resident of VTC: Kamal Chak, Post Office :- Marpa, Police Station Balbadda, Mahagama, District Godda, Jharkhand- 814160 (Jharkhand) … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Anup Kumar Agarwal, Advocate For the Opp. Party : Ms. Amrita Kumari, Advocate --- 06/29th September 2026 1. Learned counsel for the petitioner submits that the petitioner is in custody in connection with Belbadda P.S. Case No. 72/2025 for the offence registered under Sections 126(2), 115(2), 117(2), 118(2), 109, 74, 352, 351(2), 3(5) of BNS, now said to have been pending in the court of learned S.D.J.M. at Godda. 2. Learned counsel for the petitioner submits that the petitioner and his family members have been made accused in connection with the incident, which had taken place on account of dispute regarding drainage. The petitioner is in custody since 31.07.2026 having no criminal antecedent and charge-sheet has already been submitted. There is an allegation with respect to daughter-in-law of the informant that the petitioner had dragged her and tried to outrage her modesty. The impugned order does not refer to any injury with respect to daughter-in-law. One co-accused, namely, Lalu Yadav has been extended the privilege of anticipatory bail in A.B.A. No. 1641/2026 vide order dated 22.04.2026 and three co-accused, namely, Bodh Narayan Yadav, Manish Yadav and Polish Yadav have been granted bail by a co-ordinate Bench of this Court in B.A. No. 531 of 2026 vide order dated 30.03.2026. 2026:JHHC:29218 2 3. Learned counsel for the opposite party has opposed the prayer for bail and has submitted that the wife of the informant and his son suffered injuries, but so far as the daughter-in-law is concerned, even in the impugned order, there is no reference with respect to any injury suffered by her. Other submissions made by the learned counsel for the petitioner based on materials on record are not in dispute. 4. After hearing the learned counsel for the parties and considering the fact that the other co-accused have been enlarged on bail/anticipatory bail and there are general and omnibus allegation with respect to the persons who have suffered grievous injuries as mentioned in the impugned order, the charge-sheet has already been submitted and the petitioner does not have any criminal antecedent, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. at Godda in connection with Belbadda P.S. Case No. 72/2025, subject to the following conditions: - (i) One of the bailors would be the present pairvikar of the petitioner. (ii) The other bailor should be his close relative. (iii) The petitioner will attend the court on each and every date and on account of his single default, the learned court shall cancel the bail bond furnished by the petitioner. (iv) The petitioner would deposit a self-attested copy of his Aadhar Card along with his Mobile Number before the learned court below, which he shall not change during the pendency of the case without prior permission of the court. (v) The petitioner shall fully co-operate with the proceedings before the learned court below. (vi) The petitioner shall not disturb the informant party in any manner whatsoever. In the event of any such occurrence of disturbance, it shall be open to the informant party to move 2026:JHHC:29218 3 an application for cancellation of bail of the petitioner before the learned court. 5. The learned court shall call for the criminal antecedent report of the petitioner before enlarging him on bail and if any criminal antecedent is found, the petitioner shall not be released on bail. 6. The instant bail application is allowed with the aforesaid conditions. 7. Let a copy of this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through ‘e- mail/FAX’. (Anubha Rawat Choudhary, J.) Dated: 29.09.2026 Uploaded On: 30.09.2026 Mukul/-