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2025 DAILYLAW 28265 (JHR)

VIKASH TIRKEY v. THE STATE OF JHARKHAND

A.B.A./7692/2024 · 2025-06-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16837 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7692 of 2024 Vikash Tirkey, S/o Basu Tirkey, R/o Village Sithiyo, Bandhara Toli PO: Sithiyo PS: Nagri District Ranchi, Jharkhand. ….. Petitioner(s). Versus 1.The State of Jharkhand 2. Vinod Kumar, S/o late Ambika Yadav, R/o CTO Road, PO: Dhurwa, District Ranchi. ….. Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Navneet Anand, Advocate For the State : Ms. Anauradha Sahay,APP For the OP No.2 : Mr.S.K.Singh, Advocate ----- 04/24.06.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in connection with Nagri PS Case No. 10 of 2023, for the offences punishable under sections 406 and 420 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, Ranchi. 2. Heard the learned counsel for the petitioner, the learned counsel for the opposite party no.2 and the learned counsel for the State. 3. The learned counsel for the State and the learned counsel for the opposite party no.2 oppose the prayer for anticipatory bail of the petitioner. 4. The allegation against the petitioner is that he had entered into an agreement with the informant to sell the land and has taken more than 13 lakhs but when the informant went over the land to make some construction it was found that the land does not belong to the petitioner. 5. Admittedly, no sale deed was executed. On the basis of agreement, the informant went over the land in question as the petitioner states that it was understanding between the informant and the petitioner that he may start the construction thereafter sale deed will be executed. 6. Since there is dispute of sale and purchase of land and there is an agreement between them, I am of the opinion that the petitioner deserves anticipatory bail. 7. Accordingly, the petitioner, above named, is directed to surrender before the court below within three weeks from today and in the event of his 2025:JHHC:16837 surrender/arrest the learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ranchi, connection with Nagri PS Case No. 10 of 2023, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his/her share in the property and further the petitioner will mark his appearance before the Investigating Officer once in fifteen day till submission of final report and cooperate in the trial, failing which, the learned court below may pass appropriate order including cancellation of his bail bond. (ANANDA SEN, J. ) KNR/