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2026 DAILYLAW 7142 (JHR)

DUKHAN SAH v. THE STATE OF JHARKHAND

A.B.A./1976/2026 · 2026-04-24

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:12087 ) -1- A.B.A. No. 1976 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1976 of 2026 Dukhan Sah, aged about 37 years, son of Sitaram Sah, resident of Village- Kashidih, P.O. Chanddih, P.S. Kunda, District- Deoghar (Jharkhand) … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Ranjan Kumar Singh, Advocate Mr. Pramod Kumar Jha, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. ----- 04/24.04.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Kunda P.S. Case No.59/2025 arising out of G.R. Case No.591/2025, registered for the offence under Sections 121(2), 125(b), 126(2), 132, 133, 135, 190, 191(2), 191(3), 192, 195(1), 196, 54, 109(1), 115(2), 117(4), 221, 224, 301, 324(2), 326(f), 352, 351(2), 61(2) of the BNS, 2023 and Section 8B of National Highways Act, pending in the Court of the learned Chief Judicial Magistrate, Deoghar. 3. Learned counsel appearing for the petitioner submits that for the same set of offences, the police have lodged four cases against the petitioner and in two of the cases, the petitioner has been granted anticipatory bail. He further submits that the allegations are made that the petitioner along with others brought a dead body of a woman on stretcher at traffic checking point and it was done because the police have pulled down the woman (deceased) during traffic checking duty and subsequently she died. He then submits that there is no allegation of overt act against the petitioner and the petitioner ( 2026:JHHC:12087 ) -2- A.B.A. No. 1976 of 2026 was only standing nearby. He next submits that the petitioner earns his livelihood by way of doing labour work. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of overt act against the petitioner. 5. Looking into the contents of the FIR, it transpires that so far as overt act is concerned, that allegation is there against Mukesh Yadav and Hirday Raut. So far as this petitioner and others are concerned, there are general and omnibus allegations against them. It has been pointed out that the woman died due to mismanagement during traffic duty checking. The petitioner has been granted anticipatory bail in two of the cases. 6. In that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions as the learned Court may deem fit and proper. 7. Accordingly, this application is disposed of. (Sanjay Kumar Dwivedi, J.) Dated: 24th April, 2026 Ajay/