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2026 DAILYLAW 4359 (JHR)

VIKKY KUMAR @ VIKKY KUMAR YADAV @ VICKY KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./6510/2025 · 2026-02-11

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:3767 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6426 of 2025 1. Chhotu Yadav & Chhotan Kumar Yadav, aged about 31 years, son of Bhuneshwar Yadav, 2. Pradeep Yadav @ Pradeep Kumar Yadav, aged about 33 years, son of Gobardhan Yadav 3. Sandeep Yadav & Sandeep Kumar Yadav, aged about 30 years, son of Ganju Yadav All resident of Goria Karma, P.O & P.S: Barhi, Dist: Hazaribag. …. Petitioners Versus The State of Jharkhand … Opp. Party With ABA No.6486 of 2025 1. Aditya Yadav @ Aditya Kumar Yadav, aged about 21 years, son of Babulal Yadav, resident of village: Bichkilla, P.O: Gouria, Karma P.S: Barhi, Dist: Hazaribag. 2. Kamlesh Yadav @ Kamlesh Kumar Yadav, aged about 25 years, son of Prameshwar Yadav, resident of village: Bichkilla, P.O: Gouria, Karma P.S: Barhi, Dist: Hazaribag. …. Petitioners Versus The State of Jharkhand … Opp. Party With ABA No.6510 of 2025 Vikky Kumar @ Vikky Kumar Yadav, @ Vikky Yadav @ Vicky Kumar Yadav @ Vicky Kumar Yadav, aged about 19 years, son of Kailash Kumar Yadav, aged Yadav, resident of Bich Killa, P.O Gouria Karma, P.S. Barhi, Dist: Hazaribag. …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Binod Kumar Dubey, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P. Mr. Rajneesh Vardhan, APP ------ 2/11.02.2026 All these petitions are arising out of same FIR. As such, these cases are taken up together. 2. Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 3. The petitioners are apprehending their arrest in connection with 2026:JHHC:3767 2 Mayurhand P.S. Case No. 102/2024, registered under sections 126(2), 127(2), 115(2), 103(1), 351(3), 352, 61(2) and 3(5) of BNS, pending in the court of learned Judicial Magistrate, 1st Class, Chatra. 4. Learned counsel appearing for the petitioners submits that Saryu Yadav has been named in the FIR and the allegations are there against him of assault and he has been granted regular bail in B.A. No.7602 of 2025 and he has been granted anticipatory bail in the bifurcated case record with the other co-accused persons. He further submits that the informant has been examined as PW2 and he has been declared hostile and the nephew of the informant was examined as PW1 and he has also been declared hostile and buttress to this argument, he refers to Annexure-4 series, which are the statements of the witnesses recorded before the learned Court. He next submits that the supplementary affidavit may kindly be taken up on record as he has now received the statement of the witnesses in ST Case No.110 of 2025. Let the supplementary affidavit be taken on record. By way of referring to the supplementary affidavit, he next submits that PW1, PW2, PW3, PW4, PW5, PW6, all have been declared hostile. 5. Learned counsel appearing for the State opposes the prayer and submits that the petitioners are accomplice of the other co-accused persons. 6. Considering that the allegations are there of drowning the deceased in the water and the same allegation is there against the other co-accused persons and they are facing the trial in ST Case No.110 of 2025, arising out of same FIR, wherein PW1 and PW2 are 2026:JHHC:3767 3 said to be the nephew of the informant and the informant respectively and they along with other witnesses have been declared hostile. In the attending facts and circumstances of this case, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the petitioners above named in all the three cases are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate, 1st Class, Chatra, in connection with Mayurhand P.S. Case No. 102/2024, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 8. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 11.02.2026 R.Kumar