Citation : 2026 Latest Caselaw 889 Jhar
Judgement Date : 9 February, 2026
[ 2026:JHHC:3348]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 686 of 2026
1. Sourav Kumar @ Sourabh Kumar, aged about 30
years, son of Arvind Mandal.
2. Prince Kumar @ Prins Kumar, aged about 19
years, son of Mukesh Mandal @ Mukesh Kumar.
Petitioners nos. are 1 and 2 resident of Village
Ghaghari, P.O. Roundhiya, P.S. Saraiyahat, District
Dumka.
3. Sagar Manda @ Sagar Kumar Mandal, aged about
30 years, son of Hiralal Mandal, residents of Village
Bagicha, Chilkara, P.O. and P.S. Chuwapani, District
Banka, State Bihar
..... ... Petitioners
Versus
1. The State of Jharkhand
2. Virendra Mandal, son of Late Raghunath Mandal,
Resident of Dhadhri, P.O. Roundhiya, P.S. Saraiyahat,
District-Dumka.
..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioners : Mr. Rohan Mazumdar, Advocate. For the State : Mr. Manoj Kumar Mishra, A.P.P.
------
03/ 09.02.2026 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners are apprehending their arrest in connection
with Protest-cum-Complaint Case No. 18 of 2025, registered for the offence under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Sub-Divisional Judicial Magistrate,
Godda.
3. Learned counsel appearing for the petitioners submits that
earlier the case of the petitioners has been investigated by the police, and final form has been submitted, wherein they have not been sent up for trial and the chargesheet has been submitted against the unknown
[ 2026:JHHC:3348]
driver and further in the final form, it has been disclosed that the death has occurred due to road accident. He next submits that on the protest petition, filed by the informant, the learned court has been pleased to
take cognizance. He then submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-
18 of the petition.
4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the learned court on the protest petition, filed
by the informant, has been pleased to take cognizance against the petitioners.
5. Considering that the investigation was done by the police
and final form was submitted, wherein the petitioners have not been sent up for trial and the chargesheet has been submitted against
unknown driver and further on the protest petition, filed by the informant, the learned court has been pleased to take cognizance against the petitioners, however, what new materials have come, that is
not clear from the said cognizance order, I am inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners, named above, are directed to surrender before the learned court within four weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall
be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty- five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Godda, in
connection with Protest-cum-Complaint Case No. 18 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated:-09.02.2026 Amitesh/-
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