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2026 DAILYLAW 4315 (JHR)

VINOD KUMAR @ BINOD KUMAR v. STATE OF JHARKHAND

A.B.A./1293/2026 · 2026-03-13

Sanjay Kumar Dwivedi

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[ 2026:JHHC:6805] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1293 of 2026 Vinod Kumar @ Binod Kumar (aged about 75 years) Son of Late Bijay Kumar Prasad, Resident of 2K/43, Bariatu Housing Colony, Near Mandir, P.O. and P.S. Bariatu, Ranchi - 834009 District Ranchi. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Arvind Kumar Lall, Advocate. For the State : Mr. Rajesh Kumar, A.P.P. ------ 03/ 13.03.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Chaibasa Mufassil P.S. Case No. 134 of 2015 corresponding to G.R. No. 610 of 2015, registered for the offence under Section 409 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Chaibasa, West Singhbhum. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the Executive Engineer in the Rural Development Works Department, Government of Jharkhand and retired from service in the year 2011 itself. He next submits that the allegation is made of lowering down of a pillar of a bridge and for that investigation has been done by the police and final form has been submitted, in which, the petitioner has not been sent up for trial but differing with the final form, the learned court has been pleased to take cognizance against the petitioner and others. He also submits that two of the Junior Engineers of the said department on the same set of allegations have already been provided the privilege of anticipatory [ 2026:JHHC:6805] -2- bail in A.B.A. Nos. 427 and 446 of 2026 and one assistant engineer in A.B.A. No. 907 of 20226 by this court. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the learned court by way of differing with the final form has been pleased to take cognizance against the petitioner and others. 5. There is no doubt that the learned court is empowered to take cognizance differing with the final form on the cogent reasons, however, the order taking cognizance is required to be cogent one. Further two of the junior engineers and one assistant engineer of the said department have already been provided the privilege of anticipatory bail as aforesaid and it has been pointed out in course of argument that the petitioner has been exonerated in the departmental proceeding. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the petitioner, named above, is directed to surrender before the learned court within four weeks from today and in the event of her surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Chaibasa, West Singhbhum, in connection with Chaibasa Mufassil P.S. Case No. 134 of 2015 corresponding to G.R. No. 610 of 2015, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-13.03.2026 Amitesh/-