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2025 DAILYLAW 25754 (JHR)

PARAMJEET SINGH ALIAS PARAMJIT SINGH v. THE STATE OF JHARKHAND

A.B.A./5660/2025 · 2025-09-23

Sanjay Kumar Dwivedi

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Judgment text

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[2025:JHHC:29444] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5660 of 2025 Paramjeet Singh @ Paramjit Singh, Aged about 71 Years, S/o Late Shri Mohan Singh, presently residing at 3/9A, M.G. Road, Opposite Subhash Park, Shahaganj, Agra, P.O. Shahaganj, Agra, P.S.- Shahaganj, District Agra U.P.-282010. ..... … Petitioner Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Vikash Pahwa, Sr. Advocate. : Mr. Indrajit Sinha, Advocate (through V.C.) : Mr. D.K. Deo, Advocate. : Mr. Jasmeet Singh, Advocate. For the State : Mr. P.D. Agarwal, Spl.P.P. ------ 04/ 23.09.2025 Heard Mr. Vikash Pahawa, learned senior counsel appearing for the petitioner and Mr. P.D. Agarwal, learned Spl.P.P. appearing for the State. 2. The petitioner is apprehending his arrest in connection with C.P. (Excise) No. 1461 of 2019, registered for the offences under Sections 47(a), 47(A), 49, 52 and 55 of the Jharkhand Excise Act, pending in the Court of learned S.D.J.M., Bermo at Tenughat (Bokaro). 3. Learned senior counsel appearing for the petitioner submits that the petitioner was one of the original subscribers to the Memorandum of Association of the company (Formerly known as Guru Teg Bahadur Sugurs Limited) at the time of its incorporation on 04.09.1997 and later on he sold his shares to Mr. Jatinder Kaur on 26.12.2002 and thereafter he was never appointed as a Director of the company since its incorporation. He further submits that the name of the petitioner has been picked up by the prosecution from the Memorandum and Article of Association dated 04.09.1997 filed with [2025:JHHC:29444] -2- the Registrar of Companies at that particular time. He next submits that the persons, who had died much before the alleged date of incident have also been arrayed as an accused in the complaint case in a mechanical way. 4. By way of referring the complaint, he submits that only allegation is made against the petitioner that he was one of the Member of the Board of Directors and apart from that there is no allegation against this petitioner. 5. Learned Spl.P.P. appearing for the State has opposed the prayer and submits that the petitioner has earlier moved before this court in Cr.M.P. No. 1056 of 2023, which has been dismissed by the co-ordinate bench of this court on 25.06.2025. He submits that the petitioner is named in the complaint case. On these grounds, he submits that the prayer for anticipatory bail may not be entertained. 6. In view of the above and looking into the contents of the complaint petition, it transpires that the petitioner has been arrayed as an accused only being one of the Member of the Board of Directors and it has been pointed out in course of the argument that the petitioner has already left the said company since 26.12.2002 and apart from that there is no allegation and even the persons, who have left for their heavenly abode have also been made accused in the complaint case. It further transpires that the petitioner has not filed any anticipatory bail application before this court, however, the petitioner has tried his luck in Cr.M.P. No. 1056 of 2023 for quashing of the entire criminal proceedings, however, the same has been rejected by the co-ordinate bench by order 25.06.2025. The parameters of Section 482 of the Cr.P.C. read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 and the anticipatory bail are different and only on the ground that [2025:JHHC:29444] -3- the Cr.M.P. of this petitioner has been rejected and, on this ground, the prayer for anticipatory bail of this petitioner cannot be rejected. 7. In view of the attending facts and circumstances of the case, I am inclined to provide the privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Bermo at Tenughat (Bokaro), in connection with C.P. (Excise) No. 1461 of 2019, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-23.09.2025 Amitesh/-