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2025 DAILYLAW 11294 (JHR)

SHAWAN AHMAD ALIAS SHAWAW AHMAD ALIAS SHABAD ANWAR v. THE STATE OF JHARKHAND

A.B.A./2585/2025 · 2025-04-30

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12908 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2585 of 2025 ----- Shawan Ahmad @ Shawan Ahmad @ Shabab Anwar, S/o Md. Shafique Uddin Khan, R/o At Sahdeo Khan @ Sahdeo Khap, P.O. & P.S. Magadh University, District- Gaya (Bihar) .... Petitioner(s). Versus The State of Jharkhand … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. For the Petitioner(s) : Mr. S. Hamidul Haque, Advocate For the Resp-State : Mr. Manoj Kumar Mishra, Addl. PP …...... 04/ 30.04.2025: Heard, learned counsel for the parties. 2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 379 & 411 of IPC in connection with Gomoh G.R.P.S. Case No.41 of 2024, pending in the Court of learned Railway Judicial Magistrate at Dhanbad. 3. It is alleged that mobile phone which was stolen was being used by the petitioner. 4. From the impugned order, I find that the notice under Section 41-A of the Cr.P.C. has been issued to the petitioner. Since the notice under Section 41-A of the Cr.P.C. has been issued to the petitioner, it is the duty of the petitioner to appear before the Investigating Officer and co-operate with the investigation. 5. In view of the fact that notice under Section 41-A of the Cr.P.C. has been issued, I am of the opinion that there is no eminent threat of the petitioner of being arrested. Thus, this anticipatory application at this stage is not maintainable. 6. If the petitioner co-operates with investigation there is no occasion to arrest the petitioner. This Court does not see any ground of arrest against this petitioner. 7. With the aforesaid observation and direction, the instant anticipatory bail application stands disposed of. (ANANDA SEN, J.) R.S./