[Cites 2, Cited by 0]
Jharkhand High Court
Vinod Kumar @ Binod Kumar (Aged About 75 ... vs The State Of Jharkhand on 13 March, 2026
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
[ 2026:JHHC:6805]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1293 of 2026
Vinod Kumar @ Binod Kumar (aged about 75 years)
Son of Late Bijay Kumar Prasad, Resident of 2K/43,
Bariatu Housing Colony, Near Mandir, P.O. and P.S.
Bariatu, Ranchi - 834009 District Ranchi.
..... ... Petitioner
Versus
The State of Jharkhand
..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Arvind Kumar Lall, Advocate.
For the State : Mr. Rajesh Kumar, A.P.P.
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03/ 13.03.2026 Heard learned counsel for the petitioner and learned A.P.P
for the State.
2. The petitioner is apprehending his arrest in connection with
Chaibasa Mufassil P.S. Case No. 134 of 2015 corresponding to G.R.
No. 610 of 2015, registered for the offence under Section 409 of the
Indian Penal Code, pending in the court of learned Judicial Magistrate,
1st Class, Chaibasa, West Singhbhum.
3. Learned counsel appearing for the petitioner submits that
the petitioner happened to be the Executive Engineer in the Rural
Development Works Department, Government of Jharkhand and
retired from service in the year 2011 itself. He next submits that the
allegation is 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 court has been pleased to take
cognizance against the petitioner and others. He also submits that two
of the Junior Engineers of the said department on the same set of
allegations have already been provided the privilege of anticipatory
[ 2026:JHHC:6805]
bail in A.B.A. Nos. 427 and 446 of 2026 and one assistant engineer in
A.B.A. No. 907 of 20226 by this court.
4. Learned A.P.P. appearing for the State has opposed the
prayer and submits that the learned court by way of differing with the
final form has been pleased to take cognizance against the petitioner
and others.
5. There is no doubt that the learned court is empowered to
take cognizance differing with the final form on the cogent reasons,
however, the order taking cognizance is required to be cogent one.
Further two of the junior engineers and one assistant engineer of the
said department have already been provided the privilege of
anticipatory bail as aforesaid and it has been pointed out in course of
argument that the petitioner has been exonerated in the departmental
proceeding.
6. In the attending facts and circumstances of the case, I am
inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioner, named above, is directed to
surrender before the learned court within four weeks from today and in
the event of her surrender / arrest, the petitioner, named above, shall be
released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five
thousand), with two sureties of the like amount each, to the satisfaction
of learned Judicial Magistrate, 1st Class, Chaibasa, West Singhbhum,
in connection with Chaibasa Mufassil P.S. Case No. 134 of 2015
corresponding to G.R. No. 610 of 2015, subject to conditions as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sanjay Kumar Dwivedi, J.)
Dated:-13.03.2026
Amitesh/-
