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2026 DAILYLAW 7605 (JHR)

DUKHAN SAH v. STATE OF JHARKHAND

A.B.A./1909/2026 · 2026-04-29

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:12534 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1909 of 2026 ---- Dukhan Sah, aged about 37 years, son of Sitaram Sah, resident of Village Kashidih, PO Chanddih, PS 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 For the State :- Mr. Shailesh Kumar Sinha, Advocate ---- 4/29.04.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Kunda PS Case No.57/2025, for offence registered under section 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 BNS, 2023 and Section 8B of National Highways Act, pending in court of learned Chief Judicial Magistrate, Deoghar. 3. Learned counsel for petitioner submits that for the same set of occurrence the police has lodged four cases and the petitioner in three of the cases, has been granted anticipatory bail. He further submits that the allegations are made that the petitioner along with others had brought the dead body of a woman on stretcher at traffic checking point and it was done because the police had pulled down the woman (deceased) during traffic checking duty and subsequently she died. He next submits that there is no allegation of any overt act in the case and the petitioner was only standing nearby. He also 2026:JHHC:12534 2 submits that about 500 persons were present on the spot. He next submits that the petitioner earns his livelihood by way of doing labour work. 4. Learned State counsel opposes prayer and submits that there is overt act against this petitioner. 5. Looking to the contents of the FIR it transpires that allegation is there against the person who was wearing white shirt and so far as this petitioner and others are concerned, there are general and omnibus allegations against them. It has been pointed that the woman died due to falling down during traffic checking duty and the petitioner has been granted anticipatory bail in three of the cases and this is the fourth case of the same incident and petitioner has been granted anticipatory bail in ABA No.1976 of 2026 arising out of same incident, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before learned court within two weeks from today, and in event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar, in connection with Kunda PS Case No.57/2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 29.04.2026 SI/