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2025 DAILYLAW 28895 (JHR)

DEVENDRA PRASAD NONIA ALIAS DEVENDRA KUMAR v. THE STATE OF JHARKHAND

A.B.A./8072/2024 · 2025-01-30

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8072 of 2024 ------ Devendra Prasad Nonia @ Devendra Kumar, aged about 48 years, son of Rajendra Prasad Nonia, resident of 56, Bhulan Baraee, Near Shiv Mandir, Kurmidi, P.O. & P.S.-Jorapokhar, Dist.-Dhanbad, Jharkhand-828133 … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Afaque Rashidi, Advocate : Md. Azam, Advocate : Ms. Aulia Begum, Advocate : Ms. Shaiesta Nazeer, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl. P.P. For the Informant : Mrs. Jasvindar Mazumdar, Advocate : Mr. Rohan Mazumdar, Advocate : Mr. Nishant Kr. Roy, Advocate ------ Order No.03 Dated- 30.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jorapokhar P.S. Case No.140 of 2024 registered under sections 316(2)/318(4)/338/336(3)/340(2)/3(5) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in connivance with the bank officials has withdrawn total amount of Rs.18,59,451/- from the account of the informant’s father by putting forged signature of the deceased on the cheques of the said cheque book which was entrusted to the petitioner. It is next submitted that the specific amounts have been transferred to the account of five different persons, as has been mentioned in page no.24 of the brief, which is the order dated 13.11.2024 passed by the Additional Sessions Judge-VI, Dhanbad in A.B.P. No. 3077 of 2024. It is further submitted that the allegations against the petitioner are all false and the petitioner is a practicing Advocate of Dhanbad. It is then submitted that there is no transfer of any money to his account and there is no chance of the petitioner absconding. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. and the learned counsel for the informant opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with Jorapokhar P.S. Case No.140 of 2024 with the condition that the petitioner will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case; with further condition that he will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-