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2025 DAILYLAW 28568 (JHR)

CHANDRADEV SAH v. STATE OF JHARKHAND

A.B.A./7223/2024 · 2025-06-19

Sri Ananda Sen

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Judgment text

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2025:JHHC:16424 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7223 of 2024 ------ Chandradev Sah, S/o Narayan Sah. … … Petitioner Versus 1. The State of Jharkhand. 2. Ajay Kr. Gupta, S/o Late Banke Bihari Prasad. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shubham Gautam, Advocate For the State : Mr. Satish Prasad, A.P.P. Mr. P.A.S. Pati, Advocate Mr. Akshay Kumar, Advocate ----- 05/ 19.06.2025 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 Daltonganj Town P.S. Case No.245 of 2024, for offences under Sections 406, 420, 506 and 34 IPC. The case is presently pending before the Court of learned Chief Judicial Magistrate, Daltonganj. 3. Admittedly the offences are punishable for a period of seven years or less. Admittedly, in this case Notice under Section 41A Cr.P.C. has been issued to the petitioner but the petitioner has not chosen to appear. 4. Issuance of Notice under Section 41A Cr.P.C. suggests that the Police is not intending to arrest the petitioner. Further, as per learned counsel representing the petitioner, till date no warrant of arrest has been issued. 5. Thus, in my opinion at present, the petitioner has prematurely moved before this Court without there being any 2025:JHHC:16424 genuine apprehension of him being arrested, as the Notice under Section 41A Cr.P.C. has been issued to which the petitioner should comply with and thereafter proceed accordingly. 6. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Prashant. Cp-3