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2025 DAILYLAW 16968 (JHR)

UPAK KUMAR MANDAL v. STATE OF JHARKHAND

A.B.A./3280/2025 · 2025-06-17

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:15798 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3280 of 2025 ----- Upak Kumar Mandal, S/o Late Dasrath Mandal, R/o Village- Talberia, P.O.- Benagoria, P.S.- Chirkunda (Panchet), District- Dhanbad .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. M.B. Lal, Advocate For the State : Mr. Sardhu Mahto, AddI. P.P. …...... 02/ 17.06.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 126(2)/115(2)/117(2)/109/352 of BNS. 3. Learned counsel for the petitioner submits that informant is the agent of a company, who has taken money from this petitioner, on the pretext that the company will double the money and will give double/ high returns, but as it failed to do so, the petitioner was pressurizing, thus a false case has been lodged. He further submits that occurrence is of 14.03.2024 i.e. on the day of Holi and the case has been lodged in the next day, thus there is delay. 4. The allegation against the petitioner is that he has assaulted the informant with sharp cutting weapon, the impugned order suggests that there are two wounds, (i) lacerated wound over the scalp and (ii) abrasion on left shoulder. This fact clearly suggests that there was assault upon the informant by the petitioner, further the ground of delay which has been raised by the petitioner is of consequence, as it is clear that on the very next day of occurrence, the F.I.R. has been lodged. Since there was assault by the petitioner upon the informant by sharp weapon, I find that this is not a fit case for grant of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Chirkunda (Panchet O.P.) P.S. Case No.89 of 2025, pending in the Court of learned Chief Judicial Magistrate, Dhanbad, stands rejected. (ANANDA SEN, J.) R.S./