Binod Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Binod Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner nos. 1 to 3: they are to surrender before the learned court within three weeks and, in the event of surrender/arrest, be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar, in connection with Deoghar Town P.S. Case No. 502 of 2025, subject to conditions under Section 482(2) of B.N.S.S, 2023; the prayer of petitioner no. 4 (Akash Kumar Yadav @ Akash Kumar) is rejected.

Issue for consideration

Whether the petitioners, apprehending arrest in Deoghar Town P.S. Case No. 502 of 2025 (sections 126(2), 115(2), 109(1), 351(4), 352, 3(5) of BNS), are entitled to anticipatory bail.

Court's answer

Anticipatory bail is rejected to petitioner no. 4, Akash Kumar Yadav @ Akash Kumar, as there is a direct allegation of assault against him in the F.I.R.

Ratio / Principle

Anticipatory bail is granted to petitioner nos. 1 to 3 (Binod Yadav, Sanjay Kumar Yadav @ Sanjay Yadav and Kamdeo Yadav) as the allegations against them are general and omnibus; they are directed to surrender within three weeks and, on surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar, subject to conditions under Section 482(2) of B.N.S.S, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand at Ranchi, A. B. A. No. 786 of 2026, decided 12.02.2026 by Sanjay Kumar Dwivedi, J. — Petitioners apprehending arrest in Deoghar Town P.S. Case No. 502 of 2025 under sections 126(2), 115(2), 109(1), 351(4), 352 and 3(5) of BNS, pending before Chief Judicial Magistrate, Deoghar — Anticipatory bail refused to petitioner no. 4 (Akash Kumar Yadav @ Akash Kumar) in view of a direct allegation of assault against him in the F.I.R. — Anticipatory bail granted to petitioner nos. 1 to 3 (Binod Yadav, Sanjay Kumar Yadav @ Sanjay Yadav, Kamdeo Yadav) as the allegations against them were general and omnibus — Direction to surrender within three weeks; release on bail bonds of Rs. 25,000/- each with two like sureties, subject to conditions under Section 482(2) of B.N.S.S, 2023.

 ( 2026:JHHC:3793 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 786 of 2026

Binod Yadav, aged 44 years, son of Baleshwar Yadav

Sanjay Kumar Yadav @ Sanjay Yadav, aged about 38 years, son of Kishun Prasad Yadav

Kamdeo Yadav, aged about 36 years, son of Jageshwar Yadav

Akash Kumar Yadav @ Akash Kumar, aged about 18 years, son of Suresh Yadav

All are residents of village Basmata, P.O. B. Deoghar, P.S. Deoghar, District-Deoghar, Jharkhand

...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party --------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Sudhansu Kr. Deo : For the State : Mr. Sanat Kr. Jha, A.P.P.

02/ 12.02.2026 : Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Deoghar Town P.S. Case No. 502 of 2025 registered under sections 126(2), 115(2), 109(1), 351 (4), 352, 3(5) of BNS, pending in the Court of learned Chief Judicial Magistrate, Deoghar.

Learned counsel for the petitioners submits that petitioners and informant are agnates and there are general and omnibus allegation of assault against all the accused persons. He further submits that petitioners have got no criminal antecedent which is disclosed in para 15 of the petition. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail.

Learned counsel for the State opposes the prayer and submits that allegation of assault is there.

Looking into contents of F.I.R, it transpires that allegations of assault are there against co-accused Deepak Yadav, Sintu Yadav, Ajeet Kumar Yadav and Akash Kumar Yadav (petitioner no.4 herein).

 ( 2026:JHHC:3793 )

Considering that there is direct allegation of assault against the petitioner no.4 namely, Akash Kumar Yadav @ Akash Kumar, I am not inclined to grant anticipatory bail to the petitioner no. 4. Accordingly, his prayer for bail is hereby rejected.

So far anticipatory bail on behalf of petitioner nos. 1 to 3 are concerned, there are general and omnibus allegations against them, I am inclined to grant anticipatory bail to the petitioner nos. 1 to 3. Accordingly, the above named, petitioner nos. 1 to 3 are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioner nos. 1 to 3 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 Chief Judicial Magistrate, Deoghar, in connection with Deoghar Town P.S. Case No. 502 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.

Dt.12.02.2026

( Sanjay Kumar Dwivedi, J.)

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