2025:JHHC:21563 1 A.B.A. No. 4068 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 4068 of 2025 ---- Umesh Kumar aged about 57 years son of Shiv Nandan Lal resident of Ward No.19 near Devi Mandir Barwatoli, East Gola Road, Lohardaga, P.O.and P.S. Lohardaga, District Lohardaga .... Petitioner -- Versus -- 1.The State of Jharkhand 2.Bipin Prasad Agarwal, s/o Dharmraj Prasad Agarwal, r/o BID, Gumla Road, Near Gumla Road, P.O. and P.S. Lohardaga, District Lohardaga .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Nilesh Kumar, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Spl.P.P. ---- 2/04.08.2025 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 Complaint Case No.106 of 2023, for the offence registered under sections 406, 420, 467, 468, 120B of the IPC, pending in the court of learned Chief Judicial Magistrate, Lohardaga. 3. Learned counsel for the petitioner submits that the petitioner has taken loan and one person has been made guarantor in the said loan and subsequently he has not been able to pay the EMIs and thereafter the Bank has issued notice to the complainant who happened to be guarantor and when the guarantor approached him, he has issued a cheque and handed over the same to the guarantor to present it before the Bank as a security cheque, however, the cheque was not encashed and pursuant to that the complaint case was filed. He submits that however the learned court has not taken cognizance under Section 138 of the Negotiable Instrument Act and the 2025:JHHC:21563 2 A.B.A. No. 4068 of 2025 cognizance has been taken under other sections of the IPC. He submits in view of that, anticipatory bail may kindly be granted to the petitioner. 4. Mr. Chatterjee, the learned counsel appearing on behalf of the respondent by way of inviting attention of the Court to paragraph no.22 of the present A.B.A submits that the petitioner has himself relied in the case of Satender Kumar Antil v. C.B.I. reported in (2021) 10 SCC 773 and in this background he is required to appear before the learned court and the learned court will pass the appropriate order. 5. In reply, Mr. Nilesh Kumar, the learned counsel for the petitioner submits that the case of the petitioner is coming under category –‘A’ of the case of ‘Satender Antil’ (supra). 6. In view of above, the petitioner, above named, is hereby directed to surrender before the learned court and the learned court, on proper surety, as it deem fit, shall release the petitioner. 7. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) SI/