Kailash Swarnkar vs The State Of Jharkhand ... ... Opposite ...
2026 Latest Caselaw 2139 Jhar

Jharkhand High Court

Kailash Swarnkar vs The State Of Jharkhand ... ... Opposite ... on 19 March, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                                                      2026:JHHC:7583




                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   B.A. No. 2206 of 2026

            Kailash Swarnkar, aged about 44 years, S/O- Late Janki Swarnkar,
            R/o- Upar Tola Near Durga Mandir, Madhu Karpur, P.O.- Madhu
            Karpur, P.S.- Kasmar, District- Bokaro, Jharkhand.
                                                  ...     ...      Petitioner
                                    Versus
            The State of Jharkhand          ...        ...      Opposite Party
                                    ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the Petitioner      : Mr. A. K. Kashyap, Senior Advocate
            For the Opp. Party      : Ms. Lily Sahay, APP
                                    ---

05/19.03.2026          Heard the learned counsels appearing on behalf of the parties.

2. Learned Senior counsel for the petitioner submits that the petitioner is in custody since 29.01.2026 in connection with Kasmar P.S. Case No. 39 of 2025, registered under Sections 126, 115(2), 109, 103 and 3(5) of Bhartiya Nyaya Sanhita, 2023, now pending in the court of learned Judicial Magistrate First Class, Bermo at Tenughat.

3. Learned Senior counsel for the petitioner further submits that there is case and counter-case in connection with the incident and the petitioner himself is a victim of the incident which is apparent from the counter-case, although as per the allegation, the victim of the present case has died during the course of treatment. Learned counsel for the petitioner has submitted that there is case and counter case and it is not clear as to which party assaulted first.

4. Learned Senior counsel for the petitioner has also submitted that the petitioner has no criminal antecedent.

5. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer and has submitted that though there is case and counter case, but due to assault of the petitioner, the victim of the present case has died. However, she is not in a position to dispute that arising out of the same incident, there is a counter-case in which the present petitioner is the victim.

6. After hearing the learned counsel for the parties and considering the fact that there is case and counter-case and the 2026:JHHC:7583

petitioner also suffered injury at vital part of the body, the petitioner is directed to 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 the learned Judicial Magistrate First Class, Bermo at Tenughat in connection with Kasmar P.S. Case No. 39 of 2025, on the following conditions:

(i) One of the bailors would be the present pairvikar of the petitioner.

(ii) The other bailor should be his close relative.

(iii) The petitioner will attend the court on each and every date and on account of even single default, the learned court shall cancel the bail bond furnished by the petitioner.

(iv) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court.

(v) The petitioner shall fully co-operate with the proceedings before the learned trial court.

7. The instant application is allowed with the aforesaid conditions.

8. Let a copy of this order be communicated to the learned court concerned through "FAX/email".

(Anubha Rawat Choudhary, J.) Date of Order:19.03.2026 Pankaj Date of Uploading:20.03.2026