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2026 DAILYLAW 373 (JHR)

NISHU YADAV ALIAS SUDHANSHU KUMAR ALIAS NISHU KUMAR v. THE STATE OF JHARKHAND

A.B.A./441/2026 · 2026-01-28

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:2077 --1-- A.B.A. No. 441 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 441 of 2026 ---- Nishu Yadav @ Nishu Kumar @ Sudhanshu Kumar, aged about 19 years, S/o Umesh Prasad, resident of village – Paharpur, Tola – Ganeshidih, PO and PS – Fatehpur, District – Gaya (Bihar) .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Lalan Kr. Singh, Advocate :- Mr. Nand Kishore Singh, Advocate For the State :- Mr. Bishambhar Shastri, Advocate ---- 04/28.01.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Chouparan P.S. Case No.349 of 2022, for the alleged offences registered under Sections 397, 411 and 34 of Indian Penal Code pending in the Court of learned J.M.F.C., Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the name of the petitioner has come on the confessional statement and the same allegations are there against Komal Yadav @ Khushlal Kumar Yadav and he has been granted anticipatory bail by learned Sessions Judge. He further submits that the anticipatory bail of the petitioner has been rejected by the learned Sessions Judge only on the ground that the petitioner is having two criminal antecedents. 2026:JHHC:2077 --2-- A.B.A. No. 441 of 2026 4. Learned counsel appearing for the State opposes the prayer and submits that the name of the petitioner has come on confessional statement and the petitioner is having criminal antecedents. 5. Looking into the contents of the FIR it transpires that the name of the petitioner has come on the confessional statement and the name of Komal Yadav @ Khushlal Kumar Yadav has also come on the confessional statement and he has been granted anticipatory bail by learned Sessions Judge and further the criminal antecedent cannot be sole criteria of either rejecting or allowing the anticipatory bail or regular bail, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released 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 learned J.M.F.C., Hazaribagh in connection with Chouparan P.S. Case No.349 of 2022, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 28.01.2026 Sangam/