Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6092 of 2024 ------ Vikram Choudhary, son of late Sitaram Choudhary, resident of Gerabari Bazar, P.O. & P.S. Gerabari, District Katihar (Bihar). … … Petitioner Versus
1. The State of Jharkhand.
2. Tanmoy Mukherjee, son of Dilip Mukherjee, resident of Bagtipara, Pakur, P.O. & P.S. Pakur (T), District Pakur, Jharkhand. … … Opposite Parties ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Nitu Sinha, Advocate For the State : Mr. Ajay Kr. Pathak, A.P.P.
Mr. Gautam Kumar, Advocate
Mr. Ashutosh Kumar Sinha, Advocate -----
07/ 06.05.2025
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Complaint Case No.17 of 2024, for offences under Sections 406 and 420 IPC. The case is presently pending before the Court of learned Chief Judicial Magistrate, Pakur.
2.
The allegation levelled against the petitioner is of not returning the total loan amount which the complainant had given to him.
3.
Admitted fact is that the case arises out of a complaint. Cognizance has been taken against the petitioner and summon has already been issued.
4.
In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is
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any chance of tampering with the evidence.
5.
Since the petitioner has been summoned, I am of the opinion that there is no apprehension of the petitioner being arrested.
6.
Further, the impugned order does not suggest any of the aforesaid situation. Thus, the petitioner is directed to appear before the learned Trial Court, who will consider the aforesaid fact and pass the appropriate order in accordance with law taking into
consideration the judgment of the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51, Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2024 (9) SCC 198 and Arnesh Kumar Vs. State of Bihar & Anr. reported in (2014) 8 SCC 273.
7.
With the aforesaid observation, this Anticipatory Bail Application stands disposed of.
(ANANDA SEN, J.) Prashant. Cp-3