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2025 DAILYLAW 13706 (JHR)

MULCHAND DAS ALLIAS MULCHAND KR DAS v. THE STATE OF JHARKHAND

A.B.A./3293/2025 · 2025-06-17

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:15828 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3293 of 2025 ----- 1.Mulchand Das @ Mulchand Kumar Das, S/o Kasho Das, R/o Vill- Narkuppi, P.O.- Narkuppi, P.S.- topchanchi, District- Dhanbad, Jharkhand 2.Mithilesh Das @ Mithilesh Kumar Das, S/o Charku Das, R/o Vill- Khamardih, P.O.- Sahu Bahiyar, P.S.- Topchanchi, District- Dhanbad, Jharkhand .... Petitioner(s). Versus 1.The State of Jharkhand 2.Harlal Das, S/o Late Chintamani Das, R/o Vill- Sidhabad, P.O. Brahmandiha, P.S. Topchanchi District- Dhanbad … Opp. Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Amaresh Kumar, Advocate For the State : Mr. Praful Jojo, AddI. P.P. …...... 04/ 17.06.2025: Heard, learned counsel for the parties. 2. This is an application filed by the petitioners praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending their arrest for the offences under Section 420, 120(B), 406, 323, 504 and 506 of IPC later cognizance has been taken vide order dated 18.04.2023 only under Sections 420, 120(B), 406 and 504 of IPC in connection with C.P. Case No.733 of 2021, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad. 3. Admittedly, this case arises out of a private complaint, in which, cognizance was taken and summons were issued. These type of cases where summon is issued after taking cognizance in complaint case are covered under Category-A as categorized by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in (2021) 10 SCC 773. In paragraph 3 of the aforesaid judgment category-A has been categorized as hereunder:- Category A After filing of charge-sheet/complaint taking of cognizance (a) Ordinary summons at the 1st instance/including permitting appearance through lawyer. (b) If such an accused does not appear despite service of summons, then bailable warrant for physical appearance may be issued. (c) NBW on failure to appear despite issuance of bailable warrant. (d) NBW may be cancelled or converted into a bailable warrant/summons without insisting physical appearance of the accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing. (e) Bail applications of such accused on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. 4. Considering the fact that this case arises out of a complaint. Accordingly, the instant anticipatory bail application stands disposed of. 5. Petitioners should appear before the Court concerned and the Court will pass an appropriate order considering the fact that the case arises out of a complaint and the petitioner is appearing after issuance of summons. (ANANDA SEN, J.) R.S./