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2025 DAILYLAW 28870 (JHR)

AMARNATH SAH v. THE STATE OF JHARKHAND

Cr.A(DB)/1534/2024 · 2025-02-06

Sanjay Prasad, Sujit Narayan Prasad

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 1534 of 2024 Amarnath Sah .…… Appellant Versus The State of Jharkhand ……. Respondent --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. S. S. Choudhary, Advocate : Mr. Aman Shekhar, Advocate For the State : Mrs. Nehala Sharmin, Spl.PP For the Informant : Mr. Pratyush Lala, Advocate ----------- 03/Dated:06th February, 2025 A rejoinder affidavit has been filed after serving a copy of the same to the learned counsel for the State as also the informant with a leave of this Court to accept it. 2. This Court is granting such leave and as such, the rejoinder affidavit is taken on record. 3. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008 although is against the order dated 24.09.2024 passed by the learned Sessions Judge, Sahibganj in Anticipatory Bail Petition No.390 of 2024, by which the prayer for anticipatory bail of the appellant in connection with Borio P.S. Case No. 220 of 2022 registered under Section 370 and 34 of the IPC, has been rejected. 4. However, in course of argument, Mr. Choudhary, learned counsel appearing for the appellant has submitted that as yet there is no apprehension of being arrested and merely on the ground of the issuance of notice under Section 41(A) of the Cr.P.C., the jurisdiction of the Court has been invoked for consideration of pre-arrest of the appellant. 5. He, therefore, has submitted that he may be allowed to withdraw this appeal with a liberty to approach the appropriate forum. -2- 6. There is no opposition on the part of the learned counsel for the State. 7. Considering the submission made on behalf of the appellant, this appeal is dismissed as withdrawn with a liberty to the appellant to approach the appropriate forum. (Sujit Narayan Prasad, J.) (Sanjay Prasad, J.) Saket/-