RAKESH SINHA ALIAS RAKESH KUMAR SINHA v. THE STATE OF JHARKHAND
A.B.A./2620/2025 · 2025-06-09
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11906 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11906 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:14738 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2620 of 2025
----- Rakesh Sinha @ Rakesh Kumar Sinha, S/o Birendra Prasad, R/o Ketari Bagan, Road No.9, P.O. Namkum, P.S. Namkum, District- Ranchi (Jharkhand)
.... Petitioner(s).
Versus 1.The State of Jharkhand 2.Amar Chand Bara, r/o Beside R.C.C. School, Lowadih, P.O. Namkum, P.S. Namkum, district Ranchi (Jharkhand)
… Opp. Party(s).
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Suraj Singh, Advocate For the State : Mr. Abhay Kumar Tiwari, AddI. P.P. 03/ 09.06.2025: 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 406 and 420 of IPC. This is a second anticipatory bail application.
3.
Learned counsel for the petitioner submits that due to change of the circumstance, this anticipatory bail application is preferred for the second time.
4.
On query, he submits that since the chargesheet has been submitted the circumstances has changed as the petitioner was not arrested. I am not in agreement with the aforesaid arguments because way back on 03.07.2017 the anticipatory bail application of this petitioner was dismissed by a co-ordinate Bench of this Court in A.B.A. No.3578 of 2016. He neither surrendered nor appeared before Court. This clearly shows that he has played fraud with the entire system. Now after seven and half years, he has approached this Court seeking anticipatory bail, on the ground that the chargesheet has been submitted. This cannot be said to be a change of circumstances, so far as this case is concerned. This Court cannot shut eyes on the attitude of this petitioner and the way he has played with the system. He should have appeared before the Court concerned, once his anticipatory
bail was rejected in 2017 by this Court. He did not do so, rather avoided the legal process. Thus, 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 Namkum P.S. Case No.79 of 2016, G.R. No.1933 of 2016 pending in the court of learned Judicial Magistrate First Class, Ranchi, stands rejected. Petitioner should appear before the Court concerned.
(ANANDA SEN, J.) R.S./