Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:19165 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3571 of 2025 ------ Prashant Paul, aged about 42 years, S/o Supal Chandra, R/o Chinchuria Barddhaman Nuni, West Bengal 713341, P.O. Nuni and P.S. Barabani, District- Pashim Barddhaman (W.B.)
… … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Adiya Tiwari, Advocate For the State : Mr. Prabir Kumar Chatterjee, A.P.P. -----
04/ 15.07.2025
Heard the parties.
2.
This anticipatory bail application under Sections 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Nala P.S. Case No.65 of 2024, for offences under Sections 414, 34 of the Indian Penal Code, 1860 and 21/4 of M.M.D.R. Act and 30(ii) of the Coals Mines Act. The case is presently pending before the Court of learned S.D.J.M.-cum-Judge-in-Charge, Jamtara.
3. The learned counsel for the petitioner submits that he has a valid document to suggest that way back in 2012, the vehicle, i.e. the motorcycle was sold to Prabhat Sadhu son of Sadhan Sadhu.
4. This is case of transportation of coal in a motorcycle, which the petitioner claims that he has sold the same.
5. Learned APP submits that since the police did not want to arrest the petitioner, I.O. issued notice to the petitioner so that his defense can be considered but surprisingly in spite of the notice, the petitioner has not appeared. He submits that till date warrant has not yet been issued.
2025:JHHC:19165
6.
What the petitioner is submitting before this Court in respect of sale of the motorcycle is a matter to be investigated by the police.
7.
Further, issuance of a notice under Section 35(3) of the BNSS, suggest that the police does not want to arrest the petitioner. The petitioner, thus should cooperate with the investigation and appear before the police, rather than approaching this Court for filing anticipatory bail application, as in my opinion, there is no imminent threat of arrest of petitioner. Once, the petitioner appears before the police and cooperate in the investigation thereafter he should appear before the concerned court to take appropriate steps in term of the judgment of the Hon’ble Supreme Court.
8. With the aforesaid observation, this Anticipatory Bail Application stands disposed of.
(ANANDA SEN, J.)
Sandeep. Cp-3