2025:JHHC:21757 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4029 of 2025 ---- Ashutosh Gaur @ Ashutosh Gour, aged about 35 yrs. s/o Harendra Gaur, r/o 09, Pokhari, Bhilaipahari, PO Bhilaipahari, PS MGM, Jamshedpur, Dist. East Singhbhum (Jharkhand) .... Petitioner -- Versus – State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner: - Mr. Vineet Sinha, Advocate For the State:- Mr. Ajay Kr. Pathak, A.P.P ---- 02/04.08.2025 Heard the learned counsel for the petitioner as well as the learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Kadma P.S. Case No. 48 of 2023, registered for the alleged offence under Section 419, 420, 467, 468, 471, 472, 406 & 34 of the IPC, 1860, pending in the court of learned Sub-Divisional Judicial Magistrate, Jamshedpur. 3. Learned counsel for the petitioner submits that the petitioner entered into an agreement for purchasing a flat. He further submits that the builder has communicated the petitioner that the said project is having a tie-up with Bank of India and pursuant to that petitioner paid a sum of Rs.11,00,000/- to the builder and thereafter the sale deed has been executed and the property in question are mortgaged. He further submits that later the said property was not found there and some other apartment was there in another name. He further submits that petitioner has also filed a complaint case against the builder being Complaint Case No.5543 of 2023 which is pending in the court of Jamshedpur District. 4. Learned counsel opposes the prayer and submits that property in question are mortgaged in the bank but the property are not found there, in these background the FIR has been lodged by the official of the bank. 5. Considering the fact that the petitioner appears to be himself a victim on misleading by builder and the petitioner has already paid a sum of Rs.11,00,000/- to the builder thereafter builder has executed the sale deed and he has assured that the project has been tied-up with the bank thereafter loan has been sanctioned, I am 2025:JHHC:21757 inclined to allow the privilege of this anticipatory bail to the petitioner. Accordingly, the petitioner- above named is hereby directed to surrender before the learned court within four weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamshedpur in connection with Kadma P.S. Case No. 48 of 2023, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. ( Sanjay Kumar Dwivedi, J.) Anjali/-cp3