RUPESH SHARMA ALIAS RUPESH KUMAR v. STATE OF JHARKHAND
A.B.A./3249/2025 · 2025-06-13
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15083 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15083 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15432 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3249 of 2025
----- 1.Rupesh Sharma @ Rupesh Kumar, S/o Rampravesh Sharma, R/o Village- Khajuri, P.O,. & P.S. Khajuri, District Patna, Bihar 2.Manoj Kumar Soni, S/o Shri Harinath Shaw, R/o Village- Danapur, P.O. & P.S. Danapur, District Patna, Bihar
.... Petitioner(s).
Versus The State of Jharkhand
… Respondent(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Atul Rai, Advocate For the State : Mr. Bishambhar Shastri, AddI. P.P
…......
02/ 13.06.2025 Heard, learned counsel for the petitioners and learned counsel for the State.
2. The present anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagrik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest for the offences registered under Sections 406, 420, 379 & 511 of Indian Penal Code, in connection with Tonto Police Station Case No.17 of 2024 pending in the Court of learned Judicial Magistrate 1st Class, Chaibasa.
3. The learned APP opposes the prayer for anticipatory bail.
4. The DRVAT VEGAH Company Limited obtained the contract work of dismantling mobile tower of Reliance Company. The party thus, sub-contracted AY Industries which was run by the son of the informant. It was alleged that after dismantling of the tower and after settling the scraps, the money has to be credited in the account of AY Industries. The scrap was to be sold to the petitioner No.1. Further allegation is that even after sale of the scraps, the petitioner’s company did not pay the amount to the company which belonged to the son of the informant.
5.
Learned counsel for the petitioner submits that there was some dispute in respect of delivery of material. He submits that even the
consignment contained in the last two trucks was not delivered to the petitioner’s company, thus, it was not possible for them to pay the money.
6. Considering the submission of the parties, I find that the commercial dispute is relating to payment of money arising out of contract. As per the informant, the petitioner was to transfer money after receiving the scraps. Since the dispute is commercial in nature and there was dispute about receipt of the material, I am inclined to allow the anticipatory bail application. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Court of Judicial Magistrate 1st Class, Chaibasa in connection with Tonto Police Station Case No.17 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.
7. Petitioner should appear before the Court concerned and take an appropriate step.
(ANANDA SEN, J.) R.S./