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2025 DAILYLAW 22589 (JHR)

DEBASISH SIRCAR ALIAS DEBASIS SIRCAR v. THE STATE OF JHARKHAND

A.B.A./4507/2025 · 2025-08-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:23986 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4507 of 2025 ---- 1.Debasish Sircar @ Debasis Sircar, aged about 63 years, son of late Anil Shankar Sarkar 2.Ruma Sircar, aged about 58 years wife of Debashish Sircar @ Debasis Sircar, Both resident of Ghanuadih Colliery, PO and PS Jharia District Dhanbad .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ---- For the Petitioners :- Mr. R.S.Mazumar, Sr. Advocate For the State :- Mr. Z.A. Khan, Advocate ---- 2/18.08.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Dhanbad P.S. Case No.564 of 2017, corresponding to G.R. No.4385 of 2017, for offence registered under section 419, 420, and 120B of IPC, pending in court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel for the petitioners submits that the petitioners have purchased the flat from the builder which was sponsored by Allahabad Bank and pursuant to agreement loan was sanctioned in favour of the petitioners. He submits that however the petitioners have not been able to pay the EMI and said loan account has become NPA and on this ground Allahabad Bank has lodged the FIR. 4. Learned State counsel opposes the prayer and submits that the petitioners have taken loan and have not paid the EMI and in view of that the case was lodged. 5. Considering that petitioners are purchasers of flat and they have not been able to pay EMI and consequently said loan account has become NPA and further if such allegations are there, there is provision under the SARFAESI Act and in view of that, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioners, 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 Chief Judicial Magistrate, Dhanbad, in connection with Dhanbad P.S. Case No.564 of 2017, corresponding to G.R. No.4385 of 2017, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/