Allowed¶17

Deepak Kumar v. the State of Jharkhand

Jharkhand HC13 Apr 2026A.B.A./1548/2026

Case brief

AI extract

What is this about?

Anticipatory bail; second ABA maintainable in changed circumstances after deposit of defalcated amount; Rs. 2,66,045.05 liability deposited; JBVNL Pragya Kendra electricity-bill collections not deposited / defalcation of Government money; Itkhori P.S. Case No. 102 of 2019; Sections 406, 407, 420/34 IPC; Chatra; parity with co-accused granted bail after deposit; earlier rejection in A.B.A. No. 7623 of 2020 (order dated 12.03.2021); surrender within two weeks; release on sureties deemed fit by trial court.

What did the court decide?

Anticipatory bail granted on the second application: petitioner directed to surrender within two weeks and to be released on such terms and conditions or sureties as the learned Court may deem fit and proper. ¶17

Deepak Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Itkhori P.S. Case No.102 of 2019 (Sections 406, 407, 420/34 IPC) and whose earlier anticipatory bail application was rejected, should be released on anticipatory bail in the changed circumstances following his deposit of the alleged defalcated amount.

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Court's answer

In the changed circumstances (deposit of the defalcated amount), a second anticipatory bail application is maintainable notwithstanding the earlier rejection of the petitioner's first application.

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Ratio / Principle

The petitioner is directed to surrender before the learned Court within two weeks from the date of this order.

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Key takeaways

On surrender, the learned Court shall release the petitioner on such terms and conditions or sureties as the learned Court may deem fit and proper.ratio¶17

Detailed headnote1 paragraphs

A.B.A. No. 1548 of 2026 (High Court of Jharkhand, Ranchi — Sanjay Kumar Dwivedi, J.; order dated 13.04.2026): Anticipatory bail granted on a second application. Petitioner Deepak Kumar apprehended arrest in Itkhori P.S. Case No.102 of 2019 (Sections 406, 407, 420/34 IPC), concerning allegations that owners/organizers of Pragya Kendra collected electricity bills from consumers but did not deposit the amounts in the account of Jharkhand Bijli Vitran Nigam Limited, thereby defalcating Government money. A liability of Rs.2,66,045.05/- was fastened on the petitioner, who deposited the amount (Annexure 2 series money receipt); co-accused had been granted anticipatory bail after depositing their respective amounts (Annexure 3 series). The petitioner's earlier application (A.B.A. No.7623 of 2020) had been rejected on 12.03.2021. Holding that in the changed circumstances a second anticipatory bail application is maintainable, the Judge directed the petitioner to surrender within two weeks and directed that the learned Court release him on such terms and conditions or sureties as it may deem fit and proper.

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2026:JHHC:10541

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1548 of 2026

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Deepak Kumar, son of Ganpat Saw, resident of Village Itkhori, P.O. and P.S. Itkhori, District Chatra .... .... …. Petitioner

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Versus

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The State of Jharkhand

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.... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. A. Allam, Sr. Advocate For the State : Ms. Nehala Sharmin, Special P.P. For the JBVNL : Mr. Kaushik Sarkhel, Advocate

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02/13.04.2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

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The petitioner is apprehending his arrest in connection with Itkhori P.S. Case No.102 of 2019, registered for the offence under Sections 406, 407, 420/34 of the Indian Penal Code, pending in the court of learned Additional Chief Judicial Magistrate, Chatra.

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Learned senior counsel appearing for the petitioner submits that the petitioner has earlier moved before this Court in A.B.A. No.7623 of 2020 which was rejected vide order dated 12.03.2021. He next submits that the allegations are made that the owners and organizers of Pragya Kendra after collecting electricity bills from the consumers, have not deposited the amount in the Account of Jharkhand Bijli Vitran Nigam Limited and defalcated the Government money. He further submits that the allegation is made against the petitioner that the petitioner has not deposited a sum of Rs.2,66,045.05. He further submits that the same allegations are made against other co-accused persons and after depositing of the said amount, they have been granted anticipatory bail by way of Annexure 3 series annexed with the anticipatory bail application. He submits that a sum of Rs.2,66,045.05 has already been deposited by the petitioner now.

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Learned counsel appearing for the JBVNL and State have jointly opposed the prayer and submit that earlier anticipatory bail application of the petitioner was rejected.

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Annexure 3 series are the order sheets of the different A.B.As. by which the co-accused persons have been granted anticipatory bail on

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2026:JHHC:10541

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the deposition of the defalcated amount of those persons. Against the petitioner, the liability is fastened of Rs.2,66,045.05/- and the petitioner has deposited the same by way of Annexure 2 series which is money receipt. Although the anticipatory bail application of the petitioner has been rejected earlier however, in the changed circumstances, second anticipatory bail application can be maintained and in that view of the matter, the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper.

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(Sanjay Kumar Dwivedi, J . )

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Anit

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Uploaded 16.04.2026

Deepak Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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