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2025 DAILYLAW 25984 (JHR)

AJAY KUMAR v. THE STATE OF JHARKHAND

A.B.A./5544/2025 · 2025-09-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:28847 --1-- A.B.A. No. 5544 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5544 of 2025 ---- Ajay Kumar, aged about 44 years, S/o Late Suryadev Ram, R/o Village – Kendua, Purana Thana, Alkusa No.5, PO – Kusunda, PS – Kenduadih, District - Dhanbad .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Abhijeet Kr. Singh, Advocate For the State :- Mr. Pankaj Kumar, Advocate ---- 02/18.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Kenduadih P.S. Case No.68 of 2025, for the alleged offences registered under Sections 316(2), 318(4), 338, 336(3), 340(2), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate 1st Class, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the amount in question has been handed over to the petitioner to invest the same in the share market and for that a bond has also been executed by the informant and that is annexed as Annexure-6. He further submits that false allegations are made of handing over the money for depositing the same in the fixed deposit. He then submits that the capital gain report has been annexed as Annexures 3 and 4. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.12 of the petition. 4. Learned counsel appearing for the State submits that the 2025:JHHC:28847 --2-- A.B.A. No. 5544 of 2025 allegations are there against the petitioner for taking the money for fixing it in the fixed deposit. 5. Annexure-6 is a bond executed by the informant which has also been signed by the petitioner wherein it has been disclosed that Rs.2 lacs was handed over to the petitioner for investing the same in the share market and informant has admitted that if by that investment profit will be made he will take the same and further if loss will be made he will not claim the same and further in case of loss he will not make pressure upon the petitioner of taking back the money. In light of annexure-6, prima facie it appears that it was mutual consent between the petitioner and the informant to invest the amount in the share market. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his 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 Judicial Magistrate 1st Class, Dhanbad in connection with Kenduadih P.S. Case No.68 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 18.09.2025 Sangam/