2025:JHHC:17231 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5414 of 2024 ---- 1. Anil Kumar Agarwal, S/o Late Bridhi Chand Agrawal, R/o Near Binay Hotel, Ratanji Road, Purana Bazar, P.O. & P.S. Dhansar, District- Dhanbad. 2. Prakash Kumar Agarwal, S/o Late Bridhi Chand Agrawal, R/o Near Binay Hotel, Ratanji Road, Purana Bazar, P.O. & P.S. Dhansar, District- Dhanbad. 3. Md. Sabir Alam, S/o Md. Hadish Alam, R/o Azad Nagar, Bhuli, P.O. & P.S. Bhuli, District- Dhanbad. 4. Mahendra Singh, S/o Bhudan Singh, R/o Damodarpur, Near Devi Mandap, Shanti Vihar, P.O. & P.S. Dhanbad, District- Dhanbad. … Petitioners Versus The State of Jharkhand … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Rajendra Krishna, Sr. Advocate Mr. Pratyush Shounikya, Advocate For the State: Mr. V.K. Vashistha, A.P.P. For the Informant: Mr. Indrajit Sinha, Advocate Mr. Nitin Kumar Pasari, Advocate ---- 12/ 25.06.2025 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State as also learned counsel for the informant. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest in connection with Chowka P.S. Case No. 57 of 2022 registered for offences alleged under Sections 409, 418, 420, 467, 468, 471 and 120B of the Indian Penal Code, pending before the Court of the Sub Divisional Judicial Magistrate, Chandil. 3. As per the First Information Report, petitioner No.1 offered the informant to take his plants on reverse supply without executing the conversion agreement and send imported coking coal and stated that he will supply LAM coke on invoice on pre-fixed rates. It was stated that the petitioner No.2 and one Vishal Rajdeo will look after the works and all the communications will be done with those persons. It was further stated that petitioners No.3 and 4 will look after the daily work and one incharge namely Vishwajeet Parira Aka Rubu and representative Pradeep Sharma will assure to make high quality coke and books of accounts will be looked after by Inteqaab Alam. Supplies to the tune of Rs.54 crore approximately were made from the three plants in between December 2020 to August 2021 and from 2025:JHHC:17231 -: 2 :- January 2021 to August 2021 they have sent supply of LAM coke to the tune of Rs.60 crore. Till April 2021, informant sent Debit Note of Rs.1.60 crore and the petitioners had issued credit note, but from June 2021 to August 2021, they did not issue credit note of Rs.2.60 crore. It is alleged that the informant made payment of Rs.6 crore and deducted TDS of Rs.1.25 lakh. It is alleged by the informant that Rs.4 crore was dues or in alternative supply of 2000 tones of LAM coke amounting to Rs.10 crore of market value was due. On demand of amount or coke from petitioner No.1, he abused the informant and demanded Rs.10 crore and threatened to send him to jail in false case. It is alleged by the informant that the petitioners have made false entries to make their claim and made forgery in ledger. It has also been alleged that the accused persons have lodged cases against the traders and extorted money. 4. Learned counsel for the petitioners submits that the informant had conspired and cheated the petitioners and their firms for which the petitioners had lodged cases against the informant and other directors. There are civil cases pending between the parties. There is litigation in the High Court at Calcutta. Thus the informant is involved in several fraudulent transactions and a number of cases have been lodged against him. The informant supplied the 13/14 DDPM grade coal instead of 400 DDPM for which he took advance payment of Rs. 31.245 crores. The informant, nowhere while lodging the F.I.R, filing various petitions and written statements, mentioned that the petitioners had supplied the coke after mixing water, issued false debit notes, used forged letterhead, or settlement is going on. With an intention to make out a false case, he has made such allegation in the present First Information Report. 5. Learned APP appearing for the State and also the learned counsel appearing for the Informant have vehemently opposed the prayer of the petitioners for grant of anticipatory bail and submit that the petitioners have suppressed material facts and made misleading statements. The petitioners have a planned agenda to register cases against the business houses and later coercing them to compromise in the terms dictated by the petitioners. He submitted that they forged documents before the Hon’ble High Court at Calcutta. The ledger also was manipulated and forged by them. 6. After hearing the parties, I have gone through the First Information Report and the impugned order. I find that the dispute arises out of business transactions between the informant and the petitioners. It is also admitted by the informant that he had preferred Commercial Suit before the 2025:JHHC:17231 -: 3 :- Hon’ble Calcutta High Court. It has also been brought on record by the petitioners that pursuant to the notice issued under Sections 41A of the Code of Criminal Procedure, petitioners had met with the Investigating Officer and had also filed reply to the same. Further, there is nothing on record to suggest that the petitioners may abscond or tamper with the evidence. Nothing has been brought to suggest that this is a case where custodial interrogation is required. Further, if some forged documents, ledger has been produced before the Hon’ble High Court at Calcutta, it is for the same High Court to take cognizance of such allegation. Considering the facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. The petitioners, named above, are directed to surrender before the Court below within four weeks from today and in the event of their surrender and/or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Chandil in connection with Chowka Police Station Case No.57 of 2022, subject to the condition that one of the respective bailers should be close relative of the respective petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03