SANTOSH NAIK ALIAS SANTOSH KUMAR NAYAK v. STATE OF JHARKHAND
A.B.A./5640/2025 · 2025-09-23
Sanjay Kumar Dwivedi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 25478 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25478 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:29554 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No.5640 of 2025
Santosh Naik @ Santosh Kumar Nayak, Male, aged 38 son of Padam Charan Nayak, Resident of Jagtpuram Colony Near Green Heritage Kake Road, P.O. Ranchi University, P.S. – Gonda, Dist- Ranchi
…. Petitioner
Versus
1. The State of Jharkhand
2. Shanti Devi W/o Late Fagu Oraon, R/o Ratu Road Indrapuri road No.3, P.O. Hehal, P.S. Sukhdevnagar, District – Ranchi.
… Opp. Parties
--------
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Bharat Kumar, Advocate For the State
: Mr. Manoj Kumar, A.P.P. For the Informant : Mr. Binod Singh, Advocate ------
2/23.09.2025 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State as also learned counsel appearing for the informant.
2. The petitioner is apprehending his arrest for the alleged offences registered under Sections 318(4), 338, 336(3), 340(2) and 61(2) of BNS, 2023, pending in the Court of learned JMFC, XXVIII, Ranchi, in connection with Lower Bazar P.S. Case No.136 of 2025.
3.
Learned counsel appearing for the petitioner submits that the petitioner Santosh Nayak is a responsible employee of Axis Max Life Insurance Company Ltd. (formerly Max Life Insurance Co. Ltd.) associated with the Axis Max Life tie up having joined only in May 2022. His role was purely administrative and procedural in nature and he had no authority or occasion to access or operate the complainant’s bank account. He further submits that the allegations are made of transaction from the account of the informant and the bank employee has been made accused. He then submits that one of the bank employee has been granted anticipatory bail in ABA No.4611 of 2025 by order dated 21.08.2025. He also submits that a sum of Rs.25,00,000/- has been deposited by the bank
2025:JHHC:29554 2
in the account of the informant.
4. Learned counsels for the State and the informant have jointly opposed the prayer and submits that the cheque book of the informant was illegally utilized and the petitioner is also having connivance with the bank.
5. Annexure -2 is the letter of appointment of the petitioner, which clearly suggest that the petitioner is appointed in Axis Max Life Insurance Company. The allegations are made of withdrawing from the account of the Axis Bank. Petitioner is not the employee of the said bank and it has further been pointed out that a sum of Rs.25,00,000/- has been deposited in the account of the informant by the bank and one of the bank employee has been granted anticipatory bail in ABA No.4611 of 2025 by order dated
21.08.2025. In the attending facts and circumstances of this case, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the
order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned JMFC, XXVIII, Ranchi, in connection with Lower Bazar P.S. Case No.136 of 2025, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.
7. This Anticipatory Bail Application is accordingly allowed and
disposed of.
(Sanjay Kumar Dwivedi, J.) 23.09.2025 R.Kumar