Jharkhand High Court
Jitu Kumar @ Jitu vs The State Of Jharkhand … Opposite … on 16 March, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
(2026:JHHC:7303)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.667 of 2026
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Jitu Kumar @ Jitu, Aged about 36 years, Son of Lal Babu Prasad,
Resident of: Shivshakti Colony, Sector-IX/D, B.S. City, P.O. Sector-
IX, P.S. Harla, District – Bokaro (Jharkhand)
… Petitioner
Versus
The State of Jharkhand … Opposite Party
——
For the Petitioner : Mr. Dilip Kr. Jaiswal, Advocate
Mr. Gautam Kumar, Advocate
Ms. Savita Kumari, Advocate
For the State : Mr. Abhay Kr. Tiwari, Addl.P.P.
——
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 with the prayer to quash and set aside the order
dated 21.09.2020 passed by the learned S.D.J.M., Bokaro in Marafari P.S.
Case No.66 of 2019 (S.T. No.49 of 2021) whereby and where under non-
bailable warrant of arrest has been issued against the petitioner and also
to quash and set aside the order dated 17.12.2025 passed by the learned
Additional Sessions Judge-IV, Bokaro in Criminal Revision No.172 of
2025 by which the said illegal order of issuance of non-bailable warrant
of arrest, has been affirmed by the learned Additional Sessions Judge-
IV, Bokaro.
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3. The brief fact of the case is that on 21.09.2020, the Investigating
Officer of the case filed an application for issuance of non-bailable
warrant of arrest inter alia against the petitioner. The learned S.D.J.M.,
Bokaro upon perusal of the record found that the charge-sheet has been
submitted against the co-accused and cognizance of the offence has
been taken while supplementary investigation is going on against the
petitioner and by thus considering, allowed the prayer of the
Investigating Officer to issue non-bailable warrant of arrest.
4. Being aggrieved by the same, the petitioner challenged the said
order vide Criminal Revision No.172 of 2025. The same was ultimately
heard and disposed of by the learned Additional Sessions Judge-IV,
Bokaro. The learned Additional Sessions Judge-IV, Bokaro concluded
that keeping in view the serious nature of offences involved in the case
that is the offences punishable under Sections 307, 326, 120B, 34 of the
Indian Penal Code and Section 27 of the Arms Act, no illegality has
been committed by the learned Judicial Magistrate and dismissed the
Criminal Revision.
5. Learned counsel for the petitioner submits that both the courts
below have failed to consider the mandate of Section 73 of the Code of
Criminal Procedure which empowers inter alia a Magistrate to direct
warrant of arrest inter alia of any person who is accused of a non-
bailable offence and evading his arrest. It is then submitted that both
the learned courts below have failed to consider that there is no
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(2026:JHHC:7303)
satisfaction recorded by the Magistrate concerned that the petitioner is
evading his arrest and without recording such satisfaction, the non-
bailable warrant of arrest having been issued, both the impugned
orders be quashed and set aside.
6. Learned Addl. P. P. appearing for the State on the other hand
vehemently opposes the prayer of the petitioner made in the instant
Cr.M.P. and submits that the very fact that the learned Magistrate has
issued the non-bailable warrant of arrest against the petitioner goes to
show that there were sufficient materials available in the record for the
court concerned to be satisfied that the petitioner is evading his arrest.
Hence, it is submitted that this Cr.M.P., being without any merit, be
dismissed.
7. Having heard the rival submissions made at the Bar and after
carefully going through the materials available in the record, it is
pertinent to refer to Section 73 (1) of the Code of Criminal Procedure
which reads as under:-
“73. Warrant may be directed to any person.–(1) The Chief
Judicial Magistrate or a Magistrate of the first class may direct
a warrant to any person within his local jurisdiction for the
arrest of any escaped convict, proclaimed offender or of any
person who is accused of a non-bailable offence and is evading
arrest.” (Emphasis supplied)inter alia empowers the Magistrate of First Class to direct a
warrant inter alia to any person who is an accused of a non-bailable
offence and is evading his arrest.
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8. Now, coming to the facts of the case; the undisputed fact
remains that the petitioner is involved in commission of non-bailable
offences punishable under Section 307 and 326 of the Indian Penal Code
but this Court has no hesitation in holding that no satisfaction has been
recorded by the learned Judicial Magistrate concerned for directing
issue of warrant to the effect that the accused person is evading his
arrest. In the absence of the same, this Court has no hesitation in
holding that the learned S.D.J.M., Bokaro has committed a gross
illegality in issuing the non-bailable warrant of arrest, hence, the same
is liable to be quashed and set aside.
9. Accordingly, the order dated 21.09.2020 passed by the learned
S.D.J.M., Bokaro in Marafari P.S. Case No.66 of 2019 (S.T. No.49 of 2021)
is quashed and set aside qua the petitioner named above.
10. So far as the order dated 17.12.2025 passed by the learned
Additional Sessions Judge-IV, Bokaro in Criminal Revision No.172 of
2025 is concerned, in the same the learned Additional Sessions Judge-
IV, Bokaro has failed to consider that though the condition precedent
for issue of non-bailable warrant of arrest inter alia is that the accused
person concerned, must be an accused of a non-bailable offence and
evading his arrest and also failed to appreciate that the learned
Magistrate failed to record any satisfaction that the petitioner-who is
the accused person of the case, is evading his arrest, before directing
warrant of arrest against him. Hence, the said order dated 17.12.2025
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passed by the learned Additional Sessions Judge-IV, Bokaro in Criminal
Revision No.172 of 2025 is also not sustainable in law and is liable to be
quashed and set aside.
11. Accordingly, the order dated 17.12.2025 passed by the learned
Additional Sessions Judge-IV, Bokaro in Criminal Revision No.172 of
2025, is quashed and set aside qua the petitioner named above.
12. The learned Sub Divisional Judicial Magistrate, Bokaro may pass
a fresh order in accordance with law.
13. Accordingly, this Criminal Miscellaneous Petition, is allowed to
the aforesaid extent only.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 16th of March, 2026
AFR/ Animesh
Uploaded on- 17/03/2026
5 Cr. M.P. No.667 of 2026