LAXMAN SANDIL @ BIRJU BENGALI @ BIRJU v. THE STATE OF JHARKHAND
A.B.A./2556/2025 · 2025-04-28
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11883 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11883 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12569 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2556 of 2025
----- Laxman Sandil @ Birju Bengali @ Birju, S/o Mohan Sandil, R/o Wariya Khalsa, Basti Okol Dipo, Lohar Basti, P.O. + P.S. Durgapur, Durgapur, District Badhaman, State West Bengal
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s).
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Devesh Ajmani, Advocate For the State : Mr. Manoj Mishra, A.P.P.
…...... 02/ 28.04.2025: Heard, learned counsel for the petitioner and learned counsel for the State.
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 310(2) of the BNS.
3.
Learned counsel for the petitioner submits that he is not named in the F.I.R. and nothing has been recovered from his possession. He is named only on the basis of the confessional statement of the co-accused.
4.
Learned A.P.P. opposes the prayer for anticipatory bail of the petitioner.
5.
I have gone through the F.I.R. and also the impugned order, it is clear that about 10-12 thieves arrived at Substation of JVVNL and committed theft by taking the staff who were duty on hostage. They had taken materials worth Rs.14,97,000/-, for which, this case has been lodged.
6.
Though the petitioner is not named in the F.I.R., but the fact is this case has to be properly investigated as there is high chance that unknown persons after being arrested may be put on TIP for identification as it is the case that the staff were made hostage by unknown persons. Since the name of the petitioner transpired from the confessional statement of the co-accused it cannot be ruled out that absolutely there is no involvement of this petitioner, unless a proper investigation is made, including putting the persons in TIP.
7.
Considering the nature of investigation which is necessary in this case, I find that this is not a fit case for grant of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Potka P.S. Case No.5 of 2025, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur, stands rejected.
(ANANDA SEN, J.) R.S./