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2026 DAILYLAW 3934 (JHR)

KUNDAN KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./277/2026 · 2026-01-21

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:1649 --1-- A.B.A. No. 277 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 277 of 2026 ---- Kundan Kumar Yadav, aged about 35 years, son of Baijnath Yadav, resident of village – Birhawaran, PO – Malhara, PS – Mohanpur, District - Deoghar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Kehkashan Afsheen, Advocate For the State :- Mr. Shailendra Kr. Tiwari, Advocate ---- 02/21.01.2026 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 Chandwa P.S. Case No.44 of 2022 for the alleged offences registered under Sections 419 and 420 of Indian Penal Code and Sections 66(C) and 66(D) of I.T. Amendment Act, 2008, pending in the Court of learned A.C.J.M., Latehar. 3. Learned counsel appearing for the petitioner submits that the petitioner is not knowing how the sim in the name of the petitioner has been used in the crime and the allegations are made of siphoning of the money from the account of the informant. She further submits that the petitioner has already replied to the notice under Section 41A of Cr.P.C. She then submits that the petitioner earns his livelihood by way of driving the truck and he is a truck driver. She next submits that one criminal antecedent is there 2026:JHHC:1649 --2-- A.B.A. No. 277 of 2026 against the petitioner, however, that is not related to cyber-crime. 4. Learned counsel appearing for the State opposes the prayer and submits that the sim in the name of the petitioner has been used in the crime. 5. Considering that there is no transaction in the account of the petitioner and the petitioner has already replied to the notice under Section 41A of Cr.P.C. and how the sim of the petitioner has come in the hand of the co-accused that is the subject matter of investigation and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 21.01.2026 Sangam/