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2025 DAILYLAW 21790 (JHR)

PRABHAKAR KUMAR v. THE STATE OF JHARKHAND

A.B.A./4032/2025 · 2025-09-23

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:29524 --1-- A.B.A. No. 4032 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4032 of 2025 ---- Prabhakar Kumar, aged about 27 years, S/o Sunil Prasad Gupta, R/o village – Parsodih, PO – Parsodih, PS – Bhawnathpur, District – Garhwa, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Anurag Kashyap, Sr. Advocate For the State :- Mrs. Priya Shrestha, Advocate ---- 04/23.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State through V.C. 2. The petitioner is apprehending his arrest in connection with Hunterganj P.S. Case No.87 of 2025, for the alleged offences registered under Sections 316(2), 318(4) and 316(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate First Class, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner was working as a daily wager and he was the employee of Manpower Supply Company and pursuant to that he was working with the shop of Jharkhand State Beverages Company Limited (JSBCL). He further submits that false allegations are made of taking money and not depositing the same with the Excise Department. He then submits that the case has been lodged by Excise Department and JSBCL has not lodged the case. 2025:JHHC:29524 --2-- A.B.A. No. 4032 of 2025 4. Learned counsel appearing for the State through V.C. submits that the allegations are there against the petitioner to the effect that the petitioner has collected the sale proceeds and has not deposited the same and defalcated the amount and in view of that the anticipatory bail of the petitioner may kindly be rejected. 5. Considering that the petitioner happened to be daily wages employee and he was put there by Manpower Supplier Company and JSBCL has not lodged the FIR and FIR has been lodged by Excise Department, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three 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 Judicial Magistrate First Class, Chatra in connection with Hunterganj P.S. Case No.87 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 23.09.2025 Sangam/