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2025 DAILYLAW 28468 (JHR)

MD JAMALUDDIN v. THE STATE OF JHARKHAND

A.B.A./7551/2024 · 2025-07-03

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:17719 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7551 of 2024 ------ Md. Jamaluddin, S/o Md. Badruddin. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ajay Kumar Sah, Adv. For the State : Mr. Prabhu Dayal Agrawal, A.P.P. ----- 05/ 03.07.2025 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 Mayurhand P.S. Case No.13 of 2024, for offences under Sections 379, 411, 414 and 34 IPC. The case is presently pending before the Court of learned Judicial Magistrate, Chatra. 3. It is alleged that the petitioner's vehicle was used in transportation of stolen pipes. The truck was intercepted, which was loaded with stolen pipes. 4. Learned counsel representing the petitioner submits that the petitioner has received a Notice under Section 35(3) of the BNSS / 41A Cr.P.C., on 28.04.2024, duly signed by the Investigating Officer. He submits that in compliance of the said Notice, the petitioner has appeared before the Investigating Officer on 04.05.2024 and he was present in the Police Station along with the Investigating Officer for two hours but the Investigating Officer did not arrest him. He produces a copy of the said Notice, which is kept on record. 2025:JHHC:17719 2 5. Learned A.P.P. representing the State admits that when the petitioner appeared pursuant to the aforesaid Notice, he was not arrested. 6. It has been submitted on behalf of both the parties that the warrant of arrest has not yet been issued. 7. The aforesaid submission clearly suggests that there is no apprehension of the petitioner being arrested. When there is no apprehension of the petitioner being arrested, this Anticipatory Bail Application is misconceived. 8. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Prashant. Cp-3