KANHAIYA SAH ALIAS KANHAIYA LAL SWARNKAR v. THE STATE OF JHARKHAND
B.A./2212/2026 · 2026-03-20
Sri Ananda Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9001 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9001 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:7825
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2212 of 2026
----- Kanhaiya Sah @ Kanhaiya Lal Swarnkar, S/o Nakul Swarnkar, R/o Village Naya Tola, P.O. & P.S. Mirzachowki, District Sahibganj (Jharkhand)
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s).
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Ms. Saman Ahmad, Advocate
Ms. Vidhika Saboo, Advocate
For the State : Mr. Rajneesh Vardhan, AddI. P.P.
…...... 02/ 20.03.2026: This bail application has been filed under Sections 483 & 484 of BNSS, 2023 wherein, prayer has been made for grant of bail as he is in custody for allegedly committing offence punishable under Sections 147/148/149/302 of IPC and Section 27 of Arms Act.
2. Heard, learned counsel for the petitioner, learned counsel for the State and have also gone through the impugned order.
3. Learned AddI. P.P. opposes the prayer for bail.
4. The prayer for bail of the petitioner was earlier rejected by co- ordinate Bench of this Court vide order dated 06.06.2022 in B.A. No.4093 of 2022. The co-ordinate Bench observed that there is direct allegation against this petitioner as the witness has categorically stated that all the accused persons caught hold of his father and on exhortation of Nakul Sah, Kanhaiya Sah opened fire on the back of his father. This ocular evidence is also well corroborated with the post- mortem report, wherein the cause of death was bullet injury.
5. Further, from the impugned order, it is apparent that out of 12 witnesses, 10 witnesses have already been examined.
6. Considering the aforesaid fact and materials available on record and stage of trial, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner in
connection with S.T. Case No.65 of 2022, arising out of Mirzachowki P.S. Case No.28 of 2020, pending in the Court of learned Additional Sessions Judge-I, Sahibganj, stands rejected.
7. Accordingly, this bail application is dismissed.
(ANANDA SEN, J.) 20th March, 2026 R.S./ Uploaded on 23/03/2026