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2025 DAILYLAW 18948 (JHR)

JITENDRA KUMAR SINGH ALIAS JITENDRA KUMAR v. THE STATE OF JHARKHAND

A.B.A./4469/2024 · 2025-04-22

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:11954 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4469 of 2024 Jitendra Kumar Singh @ Jitendra Kumar, son of late Yuvraj Krishan Mahendru, proprietor of Rana Automobiles, resident of Karamtoli, Bariatu Road, P.o and P.S. Bariatu, District- Ranchi, Jharkhand .... Petitioner(s). Versus 1. The State of Jharkhand 2. Abhijit Kumar Saha, son of Shiv Kumar Saha, resident of College Road Near Durga Mandir, Rajmahal, P.O and P.S. Rajmahal, District- Sahebganj. … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. R.S.P. Sinha, Sr. Advocate. For the State : Mr. Jitendra Pandey, A.P.P For the complaiknant : Mr. S.L. Agarwal, Advocate. …..... 06/22.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 438 and 440 Cr.P.C, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 420, 406, 120B PC. Heard learned counsel for the parties at length and gone through the documents, annexed along with this application. Opportunity was given to the State as well as informant to oppose the bail, which they availed and opposed. Admitted fact is that this case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. The impugned order does not suggest any of the aforesaid situation. Thus in a complaint case, since there is no necessity of custodial interrogation, I am inclined to release this petitioner on anticipatory bail. Accordingly, this anticipatory bail application stands allowed. The petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Rajmahal in connection with Complaint Case No. 806 of 2021, subject to condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)