Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 21848 (JHR)

ONKAR PD BARNWAL ALIAS ONKAR PRASAD VARNWAL v. THE STATE OF JHARKHAND

A.B.A./5109/2024 · 2025-04-24

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12146 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5109 of 2024 Onkar Pd Barnwal @ Onkar Prasad Varnwal, son of Late Laxmi Lal Varnwal, resident of Balidih, P.O and P.S. Balidih, District- Bokaro, Jharkhand. ..Petitioner(s). Versus 1. The State of Jharkhand 2. Sanjay Kumar Lala, son of late Bhagirath Pd. Lala, resident of Bansjor, P.O. Kharkharee, P.S. Madhuban, District- Dhanbad. … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Birendra Kumar, Advocate. For the State : Mr. Bishambhar Shastri, A.P.P. For Opp. Party No. 2: : M/s Kundan Kr. Ambastha & Abdul Wahab, Advocates. …..... 06/24.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 406, 420, 467, 468 and 471 read with Section 120B/34 IPC. Heard learned counsel for the parties at length and had gone through the documents, annexed along with this application. Opportunity was given to the State and the informant to oppose the bail, which they availed and opposed. The basic allegation is that though the informant has sold the vehicle to this petitioner, the petitioner did not get the name transferred and the vehicle is still registered in the name of the informant. It is stated that there was non-payment of dues for which the vehicle was re-possessed and was sold. Further the taxes were also not paid and since the vehicle stood registered in the name of the informant, inspite of the same, the Certificate Case is being initiated against the informant. This is the reason for filing the complaint, which was later on registered as FIR in terms of Section 156(3) Cr.P.C. Counsel for the petitioner admits that he had purchased the vehicle and had paid the entire money to the informant but the petitioner could not get the vehicle transferred in his name. He further submits that the petitioner will intervene in the Certificate Case, which is pending against the informant, and file appropriate petition also. Considering the submissions made by the petitioner as well as facts of this case, I am inclined to allow this anticipatory bail application. Accordingly, 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 J.M, 1st Class, Dhanbad, in connection with Madhuban P.S. Case No. 81/2023, 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.)