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2025 DAILYLAW 20765 (JHR)

SARBESWAR HANSDA ALIAS SARBESHWAR HANSDA v. THE STATE OF JHARKHAND

A.B.A./3918/2025 · 2025-07-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20234 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3918 of 2025 Sarbeswar Hansda @ Sarbeshwar Hansda, S/o Lakhiram Hansda, R/o Village Chetan Manikdih, P.O. Laujor, P.S. Chandrapur, District Birbhum (West Bengal) .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Pranabesh Kr. Paul, Advocate Mr. Avishek Chandra, Advocate For the State : Mr. Rajesh Kumar, AddI. P.P. …...... 06/ 24.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application 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 406/420 of IPC. 3. The learned APP opposes the prayer for anticipatory bail. 4. The prosecution story is based on the report filed by the informant, stating that Sabeswar Hansda and Mihir Chandra Saha, through Suhagini Tudu, approached him with a business offer. They claimed they had leased a sand mining site and promised to double his investment within three years. Based on this, the informant gave them two bank drafts totalling Rs.46 lakhs and also paid Rs.25 lakhs in cash on various occasions. Mihir Chandra Saha later admitted in his income tax return that he received Rs.71 lakhs from the informant. Later, the accused refused to return the money. Informant claimed that Rs.36 lakhs is still unpaid. When he asked for the balance, the accused threatened him. 5. Monetary transaction, business transaction taking of loan and refunding some amount and income tax returns suggest that the petitioner has taken loan, however, he did not return the same. 6. Considering the fact that it is absolutely a business transaction which has been given a colour of criminal case, I feel that this is a fit case for grant of anticipatory bail of the petitioner. 7. Considering the above facts, I am inclined to allow this anticipatory bail application. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender 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 learned Chief Judicial Magistrate, Dumka, in connection with Dumka (T) P.S. Case No.60 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his 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. Petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days till completion of investigation. (ANANDA SEN, J.) R.S./