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2025 DAILYLAW 28401 (JHR)

SAURAV KUMAR KARAK v. THE STATE OF JHARKHAND

A.B.A./7676/2024 · 2025-06-24

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16836 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7676 of 2024 Saurav Kumar Karak, S/o Samar Karak, R/o Village Menjua, PO: Pirrabani, PS: Beliatore, District Bakuda, State West Bengal. ….. Petitioner(s). Versus 1.The State of Jharkhand 2. Rohit Kumar, S/o Sri Rambhu Singh, R/o Village Neemdih, Kedal, PS Mesra OP, Distt. Ranchi. ….. Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Anil Kr. Sinha, Advocate For the State : Ms. Sushma Aind, APP For the OP No.2 : Mr. Ram Prakash 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 Sadar (Mesra)PS Case No. 472 of 2023, for the offences punishable under sections 406, 419 and 420 of the Indian Penal Code and under section 138 of Negotiable Instruments Act, 1881, pending in the Court of learned Judicial Magistrate-IV, 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. It is alleged in the FIR that the petitioner and his brother have duped the informant by taking Rs. 1 crore from him, by way of investment on the assurance that they will give 10% of the profit amount. It is further alleged that neither principle nor profit amount has been returned to him. 5. From the allegation I find that this is a case arising out of business transaction in which the petitioner has invested money but he has not been paid his share of profit and also no principle amount has been returned to him. 6. Considering the financial nature of the dispute between the investor and the company, I am inclined to allow this anticipatory bail application. 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 surrender/arrest the learned court below is directed to enlarge him on bail on 2025:JHHC:16836 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-IV, Ranchi, in connection with Sadar (Mesra) PS Case No. 472 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. (ANANDA SEN, J. ) KNR/