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2025 DAILYLAW 2799 (JHR)

KANTHI PRASAD SINGH v. THE STATE OF JHARKHAND

A.B.A./875/2025 · 2025-02-12

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 875 of 2025 ------ Kanthi Prasad Singh, aged about 51 years, son of late Bistu Prasad Singh, resident of Village-Olidih, P.O.-Bhelatand, P.S.- Katras, Dist.-Dhanbad (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Arun Kumar Rawani, son of Ramnath Rawani, resident of Village-Dharmabandh, P.O.-Malkera (Mahuda), P.S.- Madhuban, Dist.-Dhanbad (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Binod Kr. Jha, Advocate For the State : Mr. Arup Kr. Dey, Addl. P.P. ------ Order No.02 Dated- 12.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 3635 of 2023 registered under sections 420 of the Indian Penal Code and under Section 138 of N.I. Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner entered into an agreement for sale of land with the wife of the complainant posing himself to be the owner of the land, even though he is not the owner of the land and undertook to return the advance money of Rs.3,30,000/- and gave two cheques which were dishonoured. It is further submitted that the allegations against the petitioner are all false and the petitioner has not committed any offence. It is then submitted that the agreement for sale could not be acted upon because of some dispute and the petitioner gave two blank cheques after signing the same as security. It is also submitted that the dispute between the parties is a civil dispute. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 20,000/- and 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 J.M. 1st Class, Dhanbad, in connection with C.P. Case No. 3635 of 2023 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-