BALRAM KUMAR GUPTA ALIAS BALRAM KR GUPTA v. THE STATE OF JHARKHAND
A.B.A./2711/2025 · 2025-05-09
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12890 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12890 (JHR) · dailylaw.ai ]
Judgment text
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2025:JHHC:14054 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2711 of 2025
----- Balram Kumar Gupta @ Balram Kr. Gupta, S/o Ram Sankar Prasad, R/o H N-C- 2/17-A, Bhagwati Garden EXTN, D. K. Mohan Garden, P.O. and P.S.- Uttam Nagar, District- Dwarka (New Delhi), State- Delhi
.... Petitioner(s).
Versus The State of Jharkhand
… Respondent(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. R.S. Muzumdar, Sr. Advocate
Mr. Naveen Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, AddI. P.P
…...... 02/ 09.05.2025: Heard, learned Senior 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, 420 and 34 of the Indian Penal Code, in connection with Bermo P.S. Case No.60 of 2023, G.R. Case No.569 of 2023, pending in the Court of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat.
3. Admittedly, the offence punishable is up to seven years.
4.
Learned counsel for the State submits that notice under Section 35(3) of BNSS has been issued to the petitioner, but the petitioner till date has not responded.
5. Learned Senior counsel appearing on behalf of the petitioner on instruction from the petitioner submits that till date his client has not received the notice under Section 35(3) of BNSS.
6. Be that as it may, since it has been submitted that the notice has been issued it will be presumed that the petitioner now has got the knowledge about the notice. He should appear before the Investigating Officer and answer in terms of notice under Section 35(3) of BNSS.
7. It is made clear that when a notice is issued under Section 35(3) of
BNSS, natural presumption is that the Investigating Officer does not want to arrest the petitioner.
8. With the aforesaid observation and direction, the instant anticipatory bail application stands disposed of.
(ANANDA SEN, J.) R.S./