2025:JHHC:17382 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3422 of 2025 ---- Ajay Munda S/o Late Somra Munda, R/o Village Kadi Tola Sugnu, PO Sugnu, PS Khelgaon, District Ranchi, Jharkhand 835103. … Petitioner -versus- 1. The State of Jharkhand 2. Sheo Shankar Munda S/o Late Sarula Munda, R/o Village Sugnu, PO Sugnu, PS Sadar (Khelgaon), District Ranchi. … Opposite Parties ---- CORAM : JUSTICE SRI ANANDA SEN ---- For the Petitioner : Mr. Mithilesh Kumar Pandey, Advocate For the Opp. Party : Ms. Shweta Singh, A.P.P. ---- 05/01.07.2025 This anticipatory bail application was listed yesterday, i.e., 30th June, 2025. 2. Yesterday when the matter was taken up, learned counsel had an apprehension that on appearance, his client may be taken in custody. Inspite of this, he prayed for time, thus, this case has been listed today. 3. Today, when the matter has been taken up, he reiterates the same apprehension that he may be taken in custody despite the case arises out of complaint. 4. After hearing the counsel for the parties, I find that this case arises out of complaint. Admittedly, cognizance has been taken under Section 467 of the Indian Penal Code. In the case of Satender Kumar Antil versus Central Bureau of Investigation & Another [(2021) 10 SCC 773] cases have been categorized. One of the category is Category ‘A’ which deals with cases where after filing chargesheet, accused appears / or in complaint case where accused appears before the Court in compliance of summons where cognizance has been taken. The Hon’ble Supreme Court has framed following guidelines for such cases: - (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 2025:JHHC:17382 -: 2 :- 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. 5. Since in this case cognizance has already been taken, there is no scope of investigation or custodial interrogation. Thus, I am inclined to allow this anticipatory bail to the petitioner. The petitioner, named above, is directed to surrender before the Court below within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class XXVII, Ranchi in connection with Complaint Case No.890 of 2023, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own 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. 6. This anticipatory bail application is, accordingly, allowed. 7. Let a copy of this order be communicated through FAX to the Court concerned immediately. (Ananda Sen, J.) Kumar/Cp-03