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2025 DAILYLAW 25852 (JHR)

MANISH KUMAR v. THE STATE OF JHARKHAND

A.B.A./6610/2024 · 2025-07-01

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:17253 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6589 of 2024 ------ Rameshwar Gupta @ Rameshwar Prasad Gupta, son of late Jamuna Saw, resident of village Pochara, PO and PS Barkakana, District Ramgarh … … Petitioner(s) Versus 1.The State of Jharkhand. 2.Ashok Gope, S/o Ahlad Gope, R/o vill-Bargaon Chatti Toli, PO Bargaon, PS Sisai, Dist. Gumla … … Opposite Party(s) With A.B.A. No.6610 of 2024 ------ Manish Kumar, son of Rameshwar Gupta, R/o village Pochara, PO and PS Barkakana, District Ramgarh … … Petitioner(s) Versus 1.The State of Jharkhand. 2.Ashok Gope, son of Ahlad Gope, R/o vill-Bargaon Chatti Toli, PO Bargaon, PS Sisai, District Gumla … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. L.V.N. Shahdeo, Advocate. For the State : Mr. Suraj Deo Munda, A.P.P. For the Informant : Mr. K.S. Nanda, Advocate ----- 06/ 01.07.2025 Heard the parties. 2. These anticipatory bail applications under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences registered under Sections 341, 323, 406, 420, 504, 506/34 of the Indian Penal Code. 3. It is alleged that the informant was intending to buy a Hywa thus the petitioners have approached the informant. The price fixed for Hywa was Rs. 28,00,000/-. The informant paid Rs. 3,96,000/- but later on Hywa was not delivered nor it was sold. 4. Learned counsel for the petitioners submits that there was no deal of sale and purchase of the Hywa rather the petitioners and the informant are friends and friendly loan was taken for which a security cheque from the petitioners were also taken which the informant got dishonored. 2025:JHHC:17253 2 5. Learned counsel for the informant submits that the fact that the money was transferred is admitted by the informant which is evident from the bank and other UPI transactions but the Hywa vehicle has not been transferred. He also submits that later on it has come to notice that the petitioners are not the registered owner of the Hywa vehicle. 6. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 7. After hearing the parties, I find that there is money transaction between the petitioners and the informant though the reasons assigned by both the parties are different. The informant now wants refund of amount. 8. Considering the nature of the transaction between the parties, this Court finds it a fit case for grant of anticipatory bail to the petitioners. 9. Accordingly, these Anticipatory Bail Applications stand allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender 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 learned JMFC, Ramgarh, in connection with Patratu (Barkakana) P.S. Case No.185 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. 10. Further the petitioners are directed to appear before the Investigating Officer once in every 15 days and cooperate in the investigation. (ANANDA SEN, J.) Tanuj/Cp-3