2025:JHHC:20609 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3925 of 2025 ---- Sikendar Kumar @ Sikendra Kumar, S/o Late Rameshwar Mahto, resident of village Bijaiya, Gurio, P.O. and P.S. Barhi, District Hazaribagh. … … Petitioner Versus 1. The State of Jharkhand 2. Lakshman Mahto S/o Late Pachan Mahto, resident of village Jainamore, P.O. and P.S. Jaridih, District Bokaro, Jharkhand. … … Opposite Parties CORAM : SRI ANANDA SEN, J. For the Petitioner: Mr. Soumitra Baroi, Advocate For the State : Ms. Kumari Rashmi, A.P.P. ---- 02/ 25.07.2025 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita has been preferred by the petitioner apprehending his arrest in connection with Jaridih Police Station Case No.06 of 2025, registered for offences punishable under Sections 323, 420, 406, 380, 467 and 468 of the Indian Penal Code, pending in the Court of the Additional Chief Judicial Magistrate, Bermo at Tenughat. 3. Initially a complaint petition being Complaint Case No.628 of 2024 was instituted by the complainant/informant, which was later on registered as Jaridih Police Station Case No.06 of 2025. It has been alleged that the complainant/informant and the petitioner took a 14 wheeler truck vide registration No. JH 02 BF 7294 at a total price of Rs.40,71,194.02 for which a sum of Rs.17,00,000/- (Rs.8,50,000/- by each of the informant and the petitioner) was got financed through Tata Motor Finance Ltd., Hazaribagh. A partnership agreement was also made between the informant and the petitioner to the effect that a sum of Rs.70,172/- towards EMI would be paid to the Finance Company and whatever amount is earned through the said business would be accounted for and distributed equally by both of them. It has been alleged that later on the petitioner started neglecting to share the profit and even the accounts. It has been alleged that on several repeated requests a sum of Rs.5,50,000/- was paid by the petitioner in several installments and the remaining amount of Rs.2,96,085/- was detained saying that the same would be accounted for later on. Thereafter the informant served a legal notice also to the petitioner, but he did not reply and on 01.06.2024 at about 09.00 a.m. the petitioner went to the residence of the informant and abused and assaulted him 2025:JHHC:20609 -: 2 :- and at the same time since witnesses came there, the petitioner fled. It has been alleged that the petitioner has cheated the informant to the extent of a sum of Rs.13,50,000/-. 4. Learned counsel for the petitioner submits that the petitioner is absolutely innocent and has falsely been implicated in this case with an oblique motive. He submits that the nature of allegation is absolutely civil emanating from a business agreement between the parties for which the present criminal case would not lie. He contends that the present case has been instituted only with an intention to create undue pressure on the petitioner. 5. Learned counsel representing the state vehemently opposed the prayer of the petitioner for grant of anticipatory bail. 6. After hearing the counsel for the parties and going through the records, I find that the First Information Report arose out of a complaint. I find that this is a classic example how criminal law is being manipulated and misused. I find that there is a dispute between the two partners in respect of their joint venture business. It is the case of the complainant that the profit is not being shared properly and inspite of legal notice, amount has not been paid. This is nothing, but a partnership dispute and absolutely a money claim, which is now being converted into a criminal case. So far as abusing and threatening for non-settlement of accounts is concerned, the same is absolutely superfluous. 7. Considering all these facts, I am inclined to allow this anticipatory bail application. The petitioner, named above, is directed to surrender before the Court concerned within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bermo at Tenughat in connection with Jaridih Police Station Case No.06 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of the State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03