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2026 DAILYLAW 7279 (JHR)

VIJAY PRAJAPATI @ VIJAY KUMAR v. STATE OF JHARKHAND

B.A./3402/2026 · 2026-04-23

Anil Kumar Choudhary

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Judgment text

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2026:JHHC:11960 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3402 of 2026 Vijay Prajapati @ Vijay Kumar, aged about 45 years, S/o Narayan Prajapati, R/o Village Patra Khurd, P.O. Gori Kala, P.S. Keredari, District Hazaribahg(Jharkhand) … … Petitioners Versus The State of Jharkhand … … ... Opp. Party --------- CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY --------- For the Petitioners: : Mr. Yash Raj Gupta, Advocate For the State : Mr. Prabhu Dayal Agarwala, Spl.P.P. --------- 02/Dated: 23.04.2026 Heard the parties. The petitioner has been made accused in connection with Charhi P.S. case no. 118 of 2025 instituted under Section 111(2)(b)/ 310(4)/310(5) 310(6) of BNS, 2023 and under Section 25(1-B)a/25(6)/26/35 of the Arms Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was preparing to commit dacoity. It is next submitted that the petitioner was already in the illegal custody of police on 15.12.2025. The petitioner filed an application under section 58 of B.N.S.S., 2023 in the court of learned Judicial Magistrate, 1st Class, Hazaribagh basing upon which criminal miscellaneous case no. 20 of 2026 was registered and the police to save its skin fabricated this case with the date of occurrence to be 17.12.2025. It is submitted that no criminating material has been recovered from the possession of the petitioner. It is submitted that only one country made pistol has alleged to have been recovered from the possession of the co-accused Laxman Paswan. It is next submitted that the allegation against the petitioner is false and he is in custody since 17.12.2025 as stated in para 23. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case and will not annoy or disturb the informant or witnesses of the case hence, the petitioner may be admitted to regular bail. Learned Addl. P.P. opposed the prayer for regular bail. Considering submissions of learned counsels and the facts as stated above, I am inclined to release the petitioner on bail. Hence, the court below is directed to release the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Hazaribagh in connection with Charhi P.S. case no. 118 of 2025 with the condition that the petitioner will co-operate with the trial of the case and will furnish mobile phone number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change the mobile phone number during the trial of the case. (Anil Kumar Choudhary, J.) Dated: 23.04. 2026 MM /Cp.03