2026:JHHC:8137 --1-- A.B.A. No. 1321 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1321 of 2026 ---- 1. Surrendra Prasad, aged about 49 years, S/o Ishwar Mahto 2. Kanchan Devi, aged about 47 years, W/o Surrendra Prasad Both are resident of Hanuman Mandir, Tulsi Mandi Road Pr, Gulzarbagh, P.O. & P.S.-Gulzarbagh, Dist.-Patna (Bihar) .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Rakesh Kumar, Advocate Mr. Shiva Prasad Agrawal, Advocate For the State :- Mr. Shashi Kumar Verma, Advocate ---- 02/23.03.2026 Heard learned counsel appearing for the petitioners as well as learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Chas P.S. Case No.131 of 2019, for the alleged offences registered under Sections 302, 120B/34 of Indian Penal Code, pending in the Court of learned Judicial Magistrate 1st Class, Bokaro. 3. Learned counsel appearing for the petitioners submits that the petitioners and informant are known to each other. He further submits that the son of the informant has fallen from the roof in drunken condition. He then submits that the police have investigated the matter and final form has been submitted, wherein, it has been disclosed that the deceased was in a drunken condition and the deceased has fallen from the roof of the house of the 2026:JHHC:8137 --2-- A.B.A. No. 1321 of 2026 petitioners. He next submits that the petitioners have not been sent up for trial, however, the learned Court has differed with the final form and has been pleased to take cognizance. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioners. He further submits that in identical situation four co- accused have already been granted anticipatory bail in A.B.A. No.604 of 2026. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there against the petitioners. 5. In view of the above, it transpires from the record that the final form has been submitted saying that the deceased has fallen from the roof of the house of the petitioners in a drunken condition. It has been pointed out that the petitioners and informant are known to each other. There is no doubt that the learned Court can differ with the chargesheet and take cognizance, however, prima facie what are the materials in such a situation is required to be reflected in the cognizance order. Looking into the cognizance order, it transpires that the learned Court has only stated that these are the allegations against the petitioners and the learned Court has been pleased to take cognizance. In identical situation four co- accused have already been granted anticipatory bail in aforesaid A.B.A. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby 2026:JHHC:8137 --3-- A.B.A. No. 1321 of 2026 directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of Judicial Magistrate 1st Class, Bokaro in connection with Chas P.S. Case No.131 of 2019, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 23.03.2026 Pawan/ Uploaded 25.03.2026