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2025 DAILYLAW 16366 (JHR)

SANJAY KUMAR SINGH v. THE STATE OF JHARKHAND

A.B.A./3212/2025 · 2025-06-11

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:15033 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3212 of 2025 ----- Sanjay Kumar Singh, S/o Sachidanand Singh, R/o Plot No.577, Bari Co-operative Colony, Near SBI, P.O. & P.S.- Sector- 12, District- Bokaro, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Mukesh Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl. P.P. For the O.P. : Mr. Baibhaw Gahlaut, Advocate …...... 02/ 11.06.2025: Heard, learned counsel for the parties. 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 Section 406/420/467/468/34 of IPC in connection with Sector 12 P.S. Case No.43 of 2025, pending in the Court of learned JMFC, Bokaro. 3. Learned counsel for the petitioner submits that this case is civil in nature as the allegation is that petitioner has taken money to transfer the land, but the land has not been transferred. 4. During course of argument, learned counsel for the petitioner submits that initially notice under Section 41-A of Cr.P.C. was issued to the petitioners which was duly complied with, as the petitioner has gone to the police station. He further submits that thereafter again notice under Section 41-A was issued to the petitioner, which prompted the petitioner to approach this Court by filing the anticipatory bail application. 5. Issuance of notice under Section 41-A by the Investigating Officer/ Police Officials, clearly suggest that they do not intent to arrest the petitioner. There is no bar initially to give successive notice under Section 41-A of Cr.P.C. During the investigation the accused may be called number of times to record their statement for the purpose of proper investigation. If a notice under Section 41-A of Cr.P.C has been issued, the same has to be complied. The petitioner must appear before the authority. It is pertinent to mention that if the petitioner denies the involvement, it cannot be said that he has not cooperated in the investigation. Cooperation in the investigation does not mean acceptance of guilt by the accused persons. 6. Be that as it may, since the notice under Section 41-A has been issued to the petitioner, petitioner should comply with the same, I am also of the opinion that there is no threat to the petitioner of being arrested. If so advised, petitioner should appear before the Court concerned. 7. Accordingly, the instant anticipatory bail application stands disposed of. (ANANDA SEN, J.) R.S./