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2025 DAILYLAW 28794 (JHR)

KUNAL KISHORE v. THE STATE OF JHARKHAND

A.B.A./7339/2024 · 2025-06-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16611 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7339 of 2024 ------ Kunal Kishore, son of Raj Kishore, resident of 251, new AG Colony, Kadru, near Hanuman Mandir, PO Doranda, PS Argora, District Ranchi, Jharkhand … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Birendra Kumar, Advocate. For the State : Ms. Lily Sahay, A.P.P. ----- 04/ 23.06.2025 Heard the parties. 2. This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 316(2), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The maximum punishment for the aforesaid offences is seven years or less. Admittedly a notice under section 35(3) of the BNSS has been issued but the petitioner has filed his reply through post. A reply given through post is not a proper compliance of notice under section 35(3) of the BNSS as in the notice a direction is given to the accused persons to appear before the investigating officer on particular date and at a particular place. Once a notice under section 35(3) of the BNSS has been issued the accused had to appear before the investigating officer on the date and the time fixed and at the place mentioned in the notice. 5. In this case admittedly warrant has yet not been issued. Only notice under section 35(3) of BNSS has been issued which suggests that at this stage investigating officer does not require the petitioner to be arrested if he joins the investigation. 2025:JHHC:16611 2 6. Thus, I direct the petitioner to appear before the investigating officer once in 15 days or in any date the investigating officer will need him for investigation. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Ranchi, in connection with Doranda P.S. Case No. 189 of 2024, subject to the condition that one of the bailers should be a 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 Trial Court indicating his/her share in the property. 8. Further, if the petitioner does not appear before the investigating officer and does not cooperate in the investigation the trial court is at liberty to cancel the bail of this petitioner. (ANANDA SEN, J.) Tanuj/Cp-3