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2025 DAILYLAW 26664 (JHR)

MAHESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./6567/2024 · 2025-06-12

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:15265 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6567 of 2024 ------ Mahesh Kumar, S/o Vijay Mandal, R/o Village Jaganathpur, P.O. Karja/ Kranja, P.S. Shambuganj, District Banka (Bihar). … … Petitioner Versus 1. The State of Jharkhand. 2. Pavitra Das, C/o Prafful Das, R/o Village Talwadanga (Nandipara), P.O. & P.S. Pakur, District Pakur, presently residing at Bharat Financial Inclusion Limited, Pakuria Branch, P.O. Pakur, P.S. Pakuria, District Pakur. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Abha Verma, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P. ----- 04/ 12.06.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Pakuria P.S. Case No.37 of 2023, for offences under Sections 420, 406 and 34 IPC. The case is presently pending before the Court of learned Judicial Magistrate, 1st Class, Pakur. 3. The allegation against the petitioner is that he along with two others being the staffs of the informant-Company, misused the liberty of his post and has not credited the amount accruing through loan and instalment, to the Bank Account of the informant-Company, rather used the said money for his personal interest. 4. During the course of argument, learned counsel representing the petitioner and learned A.P.P. representing the State jointly submits that the petitioner has joined the investigation 2025:JHHC:15265 2 and is cooperating with the Investigating Officer. It is also submitted that the punishment is of less than seven years. 5. Considering the said submission, since the petitioner has appeared before the Investigating Officer and has not been arrested, I feel that there is no apprehension of the petitioner being arrested. Further, this case is covered by the guidelines and directions given by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in (2021) 10 SCC 773, Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51, Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2024 (9) SCC 198. 6. Thus, I direct the petitioner to appear before the Court concerned, who will pass an appropriate order in terms of the aforesaid judgment of the Hon’ble Supreme Court. 7. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Prashant. Cp-3