2025:JHHC:25995 1 A.B.A. No. 4938 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 4938 of 2025 ---- 1.Umashankar Barnwal @ Umashankar Baranwal aged about 48 years son of Rajendra Prasad Baranwal @ Rajendra Prasad residence of Shashanaka Complex, Amarpur PO-Deoghar PS -Deoghar Town, District Deoghar, Jharkhand 2.Sima Devi @ Seema Devi aged about 44 years wife of Uma Shankar Baranwal residence of Shashanaka Complex Amarpur PO -Deoghar, PS Deoghar Town, District Deoghar, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. A.K. Kashyap, Sr. Advocate For the State :- Mr. V.K. Vashistha, Advocate ---- 2/28.08.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Karon P.S. Case No.51 of 2024, for offence registered under section 316(5), 319(2), 318(4), 338, 336(3), 340(2), 61(2) of BNS, 2023, pending in court of learned Additional Chief Judicial Magistrate, Madhupur. 3. Learned counsel for petitioner submits that petitioner no.1 is proprietor of M/s Aditya Enterprises a registered proprietorship firm and petitioner no.2 is proprietor of M/s Sima Paper Mart a firm that has supplied A4 size paper to Block Office since 2022. Petitioner no.1 received a notice dated 16.12.2024 while petitioner no.2 received notice dated 07.12.2024 and thereafter they submitted reply stating that Amit Kumar the accused was a business customer who purchased motor parts, A4 size paper, batteries, computers and laptops from his firm, Aditya Enterprises and a sum of Rs.9,70,900/- was transferred to his bank account with SBI Main Branch Deoghar as payment for the goods supplied. He submits that amount has been paid to the relative of accused Amit Kumar on instruction 2025:JHHC:25995 2 A.B.A. No. 4938 of 2025 of Amit Kumar to the tune of Rs.4,75,000/- and Rs.2 lacs further in the name of Niva Rani and Sarita Barnwal respectively and so far as Rs.1,37,500/- is concerned was remaining and that was for paper supplies. He submits that alleged amount was returned and in identical situation, co- accused has been granted anticipatory bail in A.B.A.No.4062 of 2025 and in A.B.A. No.2792 of 2025. 4. Learned State counsel opposes prayer and submits that allegation of misappropriation of fund is there. 5. Considering that petitioners are having business terms and they have supplied the articles and for that payment was made the document on record such as bank statement further prima facie suggest that amount was returned to relative of Amit Kumar and the co-accused have been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Additional Chief Judicial Magistrate, Madhupur, in connection with Karon P.S. Case No.51 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/