2026:JHHC:4774 --1-- A.B.A. No. 907 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 907 of 2026 ---- Sudhir Kumar Sharma, aged about 73 years, son of Late Indradeo Singh, resident of 506, Nehru Nagar, PO and PS – Patliputra, District – Patna, Bihar, 800013 .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Krishna Murari, Advocate :- Ms. Pankhuri Bharadwaj, Advocate :- Ms. Mitali, Advocate :- Mr. Sandeep Kr. Sinha, Advocate For the State :- Mrs. Kumari Rashmi, Advocate ---- 04/18.02.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No.134 of 2015 corresponding to G.R. Case No.610 of 2015, for the alleged offences registered under Section 409 of Indian Penal Code pending in the Court of learned Judicial Magistrate 1st Class, West Singhbhum at Chaibasa. 3. Learned counsel appearing for the petitioner submits that the petitioner happens to be Assistant Engineer in the Rural Development Works Department, Chaibasa Division and has retired from the service ten years back. She further submits that the petitioner has also faced the departmental proceeding for the 2026:JHHC:4774 --2-- A.B.A. No. 907 of 2026 allegation of embezzlement and the petitioner has also been exonerated in the departmental proceeding. She then submits that co-accused Manoj Kumar, who happened to be Junior Engineer of the said department, has already been granted anticipatory bail in ABA No.446 of 2026. 4. Learned counsel appearing for the State opposed the prayer and submits that final form has not been submitted against the petitioner, however, the learned Court has been pleased to take cognizance. 5. There is no doubt that the learned Magistrate can take cognizance differing with the final form. The petitioner happens to be Assistant Engineer in the Rural Development Works Department and the allegations are made of lowering down of a pillar of a bridge and for that investigation has been done by the police and final form has been submitted in which the petitioner has not been sent up for trial but differing with the final form, the learned Magistrate has been pleased to take cognizance against the petitioner. Further the petitioner has also been exonerated in the departmental proceeding as stated in paragraph No.11 of the petition and one of the co-accused has been granted anticipatory bail in the aforesaid ABA, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from 2026:JHHC:4774 --3-- A.B.A. No. 907 of 2026 today, and in the 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 the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, West Singhbhum at Chaibasa in connection with Muffasil P.S. Case No.134 of 2015 corresponding to G.R. Case No.610 of 2015, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 18.02.2026 Sangam/