MUKESH SAH ALIAS MUKESH SARHU v. THE STATE OF JHARKHAND
A.B.A./3674/2024 · 2025-04-21
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16245 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16245 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2024:JHHC:45027 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3674 of 2024 ------ Mukesh Sah @ Mukesh Sarhu, aged about 34 years, son of Raju Sah, resident of Baniya Patti, Dahla, PO and PS Sahibganj (T), District Sahibganj … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Vikas Kumar, Advocate. For the State : Mr. Rakesh Kumar Sinha, A.P.P. ----- 10/ 21.04.2025 Heard the parties.
2. This anticipatory bail application under Section 438 of the Code of Criminal Procedure, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 420 and 34 of the Indian Penal Code and section 7(3) of Lottery Regulation Act in connection with Sahibganj (T) PS Case No. 41 of 2024 pending in the Court of learned Chief Judicial Magistrate at Sahibganj.
3.
Learned counsel representing the petitioner submits that one Pankaj Das was apprehended and from his mobile some screen shots were recovered which according to the prosecution is the numbers which are used for lottery. Pankaj Das stated that this petitioner was instrumentally running the lottery illegally and the screen shots were initiated by this petitioner and sent to the mobile of Pankaj Das and this codes were generated by this petitioner and sent to him.
4.
Learned counsel appearing on behalf of the State after going through the case-dairy admits that the screen shots were received from different mobile numbers but none of the mobile numbers belong to this petitioner and there are no other material to implicit this petitioner in this case.
5. Considering the aforesaid fact that the phone numbers from which the screen shots were received were not from the phone of the petitioner, this Court finds it a fit case for grant of
2024:JHHC:45027 2
anticipatory bail to the petitioner.
6. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is 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 his surrender 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 learned Chief Judicial Magistrate at Sahibganj, in connection with Sahibganj (T) PS Case No. 41 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner 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.
(ANANDA SEN, J.) Tanuj/Cp-3