AJAY KUMAR SINGH ALIAS AJAY SINGH v. THE STATE OF JHARKHAND
A.B.A./5585/2025 · 2025-09-19
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26010 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26010 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:29029] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5585 of 2025
Ajay Kumar Singh @ Ajay Singh, aged about 63 years S/o D.N. Singh, R/o Section 12/F, Qr. No. 1005, P.O. and P.s.-Sector-12, District-Bokaro.
..... … Petitioner
Versus
1. The State of Jharkhand.
2. Ajit Kumar Singh, S/o Late Kedar Singh, R/o Plot No. 139, Co-operative Colony, P.O. and P.s.-Bokaro Steel City, District-Bokaro.
..... … Opposite Parties
--------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Lukesh Kumar, Advocate. For the State
: Mr. Azeemuddin, A.P.P.
------
03/ 19.09.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with Bokaro Steel City P.S. Case No. 126 of 2025, registered for the offences under Sections 316(2), 318(4), 308(2), 308(3), 308(4), 308(5), 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Chief Judicial Magistrate, Bokaro.
3.
Learned counsel appearing for the petitioner submits that it has been alleged that after receiving Rs. 25 lakhs, the sale deed has not been executed. He submits that the petitioner is working as an agent and the agreement has been entered into with the petitioner. He further submits that later on it has transpired that the land in question is coming within the meaning of Chotanagpur Tenancy Act. He then submits that the petitioner is not in a position to execute the sale deed. He submits that the petitioner has already returned Rs. 11,50,000/- and Rs. 5 lakhs respectively and to buttress his argument, he refers to Annexure-3 of the petition. He further submits that the petitioner is ready to return the rest of the amount. He then submits that the
[2025:JHHC:29029] -2-
petitioner has already complied the notice received under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
4.
Learned A.P.P. appearing for the State has opposed the prayer and submits that it appears that certain amount has already been returned, however, entire amount has not been returned.
5.
Annexure-3 is the bank statement of the petitioner, where from it transpires that in January, 2025, a sum of Rs. 11,50,000/- has already been returned in the account of the informant through RTGS and further in the month of February, 2025, Rs. 5 lakhs has also been paid in presence of one Mukesh Kumar Singh, who is witness to the agreement and it has been pointed out by the learned counsel appearing for the petitioner that the petitioner is ready to return the rest amount and the petitioner has already complied the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and in that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper.
(Sanjay Kumar Dwivedi, J.) Dated:-19.09.2025
Amitesh/-