In an application for anticipatory bail, the High Court of Jharkhand, dismissing legal obstacles regarding the petitioner being an implicated relative, granted the prayer conditionally.
Anticipatory bail granted with a direction to surrender within three weeks and release upon furnishing a bail bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2026:JHHC:27810
IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5161 of 2026
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Amit Kumar Yadav @ Amit Yadav, aged about 23 years, son of Mantu Yadav, resident of villate – Pyarpur Sarkanda, PO and PS – Rajmahal, District - Sahibganj .... Petitioner
-- Versus --
The State of Jharkhand .... Opposite Party
| CORAM: HON’BLE M For the Petitioner |
R. JUSTICE SANJAY KUMAR DWIVEDI --- :- Mr. Gautam Kumar, Advocate |
|---|---|
| :- Mr. Manoj Kumar, Advocate |
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| For the State | :- Mr. Shashi Kr. Verma, Advocate |
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02 /15.09.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Rajmahal P.S. Case No.122 of 2026, for the alleged offences registered under Sections 351(2), 352, 137(2), 87 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned S.D.J.M., Rajmahal.
3. Learned counsel appearing for the petitioner submits that the petitioner has been implicated in this case only because he is brother of main accused Sanjeev Yadav. He further submits that the victim has already been recovered and she has stated in course of investigation under Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023 that she has accompanied Sanjeev Yadav and solemnized the marriage and thereafter went to Bhagalpur and further she has returned to the parents’ house. He then submits that the petitioner happened to be brother of Sanjeev Yadav and father has been granted anticipatory bail by this Court in ABA No.4378 of 2026. He next submits that Sanjeev Yadav has already
--1-- A.B.A. No. 5161 of 2026
2026:JHHC:27810
been taken into custody. On these grounds, he submits that anticipatory bail may kindly be granted.
4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner happened to be brother of Sanjeev Yadav, who is the main accused.
5. On perusal of the FIR, it transpires that the allegation of taking away the girl is there against Sanjeev Yadav and it has been pointed out that Sanjeev Yadav has already been apprehended and the petitioner happened to be brother of Sanjeev Yadav and father has already been granted anticipatory bail by this Court in the aforesaid ABA. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall 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 learned S.D.J.M., Rajmahal in connection with Rajmahal P.S. Case No.122 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.)
Dated 15.09.2026 Sangam/
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A.B.A. No. 5161 of 2026
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with alleged offences under the Bharatiya Nyaya Sanhita, 2023.
2 provisions across 2 enactments
Amit Kumar Yadav @ Amit Yadav
The State of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
