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2025 DAILYLAW 28025 (JHR)

KAMLESH KARAN v. THE STATE OF JHARKHAND

A.B.A./7307/2024 · 2025-06-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16652 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7307 of 2024 ----- Kamlesh Karan, S/o Late Rudreshwari Prasad, r/o Village Teghra, P.O. & P.S. Haweli Kharagpur, District Munger (Bihar) .... Petitioner(s). Versus 1.The State of Jharkhand 2.Roshan Kumr Dubey, S/o Rajesh Kumar Dubey, P.O., P.S. Jasidih, Distt- Deoghar … Opp. Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sahil, Advocate For the State : Mr. Subodh Kumar Dubey, AddI. P.P. …...... 05/ 24.06.2025: Heard, learned counsel for the parties. 2. This is an application filed by the petitioner praying for grant of anticipatory bail under Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 420 and 120B of IPC, in connection with Jamtara P.S. Case No.140 of 2024, pending in the Court of learned C.J.M., Jamtara. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. There is allegation against the petitioner that he has cheated the informant of Rs.25 lakhs on the pretext of selling of coal. 5. During course of argument, it has been brought to the notice of this Court that notice under Section 41-A of Cr.P.C. was issued to the petitioner, which the petitioner replied by post and has not appeared before the Investigating Officer, on the ground that his mother has expired. 6. Since the offence is under Section 420 of IPC and the same is punishable for 7 years or less and this cannot be said to be strictly an economic offence as understood in common parlance, petitioner should appear before the Investigating Officer and join investigation. 7. After appearing before the Investigating Officer and after joining investigation, he is given liberty to appear before the Court concerned and take appropriate steps in terms of the judgment passed by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2024 (9) SCC 198. 8. Accordingly, the instant anticipatory bail application stands disposed of. (ANANDA SEN, J.) R.S./