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2025 DAILYLAW 28003 (JHR)

PRAMOD KUMAR SINGH ALIAS PRAMOD SAH v. THE STATE OF JHARKHAND

A.B.A./7149/2024 · 2025-06-18

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16421 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7149 of 2024 ------ Pramod Kumar Singh @ Pramod Sah, S/o Suresh Singh. … … Petitioner Versus 1. The State of Jharkhand. 2. Shivsankar Mallah, S/o Late Sadhu Kewat. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Onkar Nath Tewary, Advocate Mr. Shamaiel Raza, Advocate For the State : Mr. Naveen Kr. Gaunjhu, A.P.P. ----- 06/ 18.06.2025 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 Complaint Case No.1891 of 2024, for offences under Sections 323, 427, 417 and 420 IPC. The case is presently pending before the Court of learned Chief Judicial Magistrate, Dumka. 3. The allegation against the petitioner is of taking money from the complainant on the pretext of executing a sale deed and thereafter not returning the money. Further allegation is that the petitioner along with other person entered into the plot by breaking the lock of the main gate and assaulted the complainant. 4. Admitted fact is that this case arises out of a complaint. Cognizance has been taken in this case and summons have also been issued. 5. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is 2025:JHHC:16421 whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. 6. Since the cognizance has already been taken in this case and summons have also been issued, there is no apprehension of arrest of the petitioner being arrested. 7. Further, the impugned order does not suggest any of the aforesaid situation. Thus, the petitioner is directed to appear before the learned Trial Court, who will consider the aforesaid fact and pass the appropriate order in accordance with law taking into consideration the judgment of the Hon’ble Supreme Court in the case of 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 and Arnesh Kumar Vs. State of Bihar & Anr. reported in (2014) 8 SCC 273. 8. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Prashant. Cp-3