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2025 DAILYLAW 25052 (JHR)

RADHESHYAM CHOURASIYA v. THE STATE OF JHARKHAND

A.B.A./7852/2024 · 2025-04-22

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:11876 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7852 of 2024 Radheshyam Chourasiya, son of Mahavir Ram Barai, resident of Itkhori, P.O and P.S- Itkhori, District- Chatra, Jharkhand. .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Gaurav Kumar, Advocate. For the State : A.P.P. …..... 05/22.04.2025 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, 407, 420 and 34 of the Indian Penal Code in connection with Itkhori P.S. Case No. 102 of 2019, pending in the Court of learned CJM, Chatra. Heard learned counsel for the parties at length and gone through the documents annexed along with his application. Opportunity was given to the State to oppose the bail, which the State availed and opposed. There is allegation that the petitioner being the owner of Pragya Kendra collected money of electric bills but misappropriated the same and did not deposit the same with JUVNL. Learned counsel for the petitioner submits that other co-accused on the assurance of making good the said payment, have been enlarged on anticipatory bail, thus the same benefit may be given to this petitioner. Once the defalcation has already been committed the offence is complete. Now the FIR has been lodged and as the petitioner is under the threat of arrest, he has approached this Court making a plea that he is ready to deposit the amount, that cannot be a consideration for releasing the petitioner on anticipatory bail. Admittedly, the amount has been defalcated by the petitioner, thus I am not inclined to allow this anticipatory bail application. Accordingly, the prayer for bail of the petitioner, above named, is rejected. However, if the petitioner surrenders, his case will be considered without being prejudiced by the order of this Court. Anu/-C.P.-3 (ANANDA SEN, J.)