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2026 DAILYLAW 3348 (JHR)

KALESHWAR KHERWAR v. THE STATE OF JHARKHAND

B.A./1263/2026 · 2026-04-02

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:9477 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1263 of 2026 ---- Kaleshwar Kherwar S/o Rajdev Kherwar, R/o Bulbul, P.O. & P.S. Peshrar, Dist- Lohardaga. .... Petitioner Versus The State of Jharkhand … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Altamash Khan, Advocate For the State : Mr. Gautam Rakesh, A.P.P. ---- 04/02.04.2026 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State. 2. By way of this bail application filed under Sections 483 & 484 of the Bharatiya Nagrik Suraksha Sanhita, 2023 petitioner has prayed for grant of bail as he is in custody for allegedly committing offence under Sections 191, 190, 126, 127, 109, 61 of the Bharatiya Nyaya Sanhita, 2023; Section 17 of the Criminal Law (Amendment) Act; and Section 27 of the Arms Act, in connection with Sessions Trial No.106 of 2025 arising out of Peshrar Police Station Case No.04 of 2025, pending in the Court of the Additional Sessions Judge II, Lohardaga. 3. The First Information Report being Peshrar Police Station Case No.04 of 2025 was registered on the basis of the written report of the informant. On 26.06.2025 at about 1.30 PM after getting an information that members of banned Naxal Organisation were roaming at village Bondobar Harkatta Toli Jungle, the informant along with other police officials reached there and could gather that the members of naxal went to Kedli Toli. When the informant along with others entered into village, they heard sound of dogs and saw 4-5 persons with deadly weapons present in a house and the members of Naxal started firing on the police personnel. The informant requested them to surrender, but they kept on firing continuously and after about 30 minutes of firing, suddenly the Naxals stopped firing and taking advantage of dense forest, they succeeded to flee. In between, the miscreants were heard saying “RAVINDRA JI SAHAB AAGE KA KARNA”. A reply from the other side came that “SACHIN AUR SHIVA COVERING FIRING KARTE RAHO AUR VISHAL, KALESHWAR TUM SABHI LOG APNA BACHAV KARTE HUE PEECHE JANGAL KI OR BHAGO”. The police personnel on search found many cartridges, magazine, magazine pouch, khokha, wireless, mobile charger, mobile phones of various makes, wi-fi router, power bank, diary, cash amount 2026:JHHC:9477 -: 2 :- of Rs.3100/- Tripal, Folding Umbrella, Pithu bag, pamphlets of Jharkhand Janmukti Parishad Jharkhand. On inquiry from the villagers, it was gathered that JJMP members Ravindra Yadav @ Ravindra Ji, Vishal Kherwar @ Ramdhani Kherwar, Sachin Beng @ Ujin, Kaleshwar Kherwar (petitioner), Shiva Ji and others came to their village at 05.00 p.m. and were taking rest and having food and drinks at a short distance from the village. 4. Learned counsel for the petitioner submits that the petitioner is absolutely innocent and has committed no offence as alleged or at all. He submits that no arms and ammunition were recovered from the possession of the petitioner. He submits that save and except the averments made in the First Information Report, there is nothing against the petitioner. 5. Learned A.P.P. appearing for the State vehemently opposes the prayer for bail of the petitioner. 6. I have also gone through the available records including the First Information Report, the order passed by the Trial Court rejecting the application for bail of the petitioner and the antecedent report. 7. From the First Information Report, I find that the only allegation against the petitioner is that someone amongst the miscreants asked taking name of the petitioner to flee towards the forest while making protective firing. 9. Considering the aforesaid facts and considering that chargesheet has already been submitted in this case, I am inclined to grant bail to the petitioner. Petitioner, namely, Kaleshwar Kherwar, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II, Lohardaga, in connection with Sessions Trial No.106 of 2025 arising out of Peshrar Police Station Case No.04 of 2025, subject to the condition that one of the bailers must be a close relative of the petitioner having sufficient landed property in his own name within the State of Jharkhand. (Ananda Sen, J.) Ranchi, Dated, 2nd April, 2026 Kumar/Cp-03 Uploaded on 06.04.2026