Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:17942 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.334 of 2025 ------ Kamal Singh, S/o Amod Kumar Singh, R/o vill-Patratu, PO, PS and District Ramgarh, Jharkhand … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ajay Kumar Singh, Advocate. For the State : Ms. Lily Sahay, A.P.P. ----- 05/ 04.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 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 25(1-B)/a/26(3)/35 of Arms Act. 3. It is the allegation that the police got information that in the house of this petitioner one Vikash Kumar Ojha and Prakash Kumar Ojha had gone and there was some altercation going on and Vikash Kumar Ojha and Prakash Kumar Ojha have been kept in captivity. The police reached the house of this petitioner and saw the vehicle and took in custody Vikash Kumar Ojha and Prakash Kumar Ojha. As they were heavily injured, they were taken for treatment. This petitioner Kamal Singh handed over the key of the vehicle to the police. The police brought the vehicle to the police station. Later on during search a country-made pistol was found beneath the seat of the vehicle. 4. It is the case of the petitioner that the petitioner has been falsely made an accused in this case as only on the ground that the petitioner has handed over the key of the vehicle to the police. He submits that admittedly the vehicle does not belong to the petitioner and it is Vikash Kumar Ojha and Prakash Kumar Ojha who had come to his house with the vehicle and
2025:JHHC:17942 2
the vehicle belongs to the father of these two persons. A counter-made pistol was found below the seat of the said vehicle to which this petitioner has no concern. It is his contention that these two persons had entered the house of the petitioner for demanding extortion for which the petitioner had lodged Patratu PS Case No. 209 of 2022 but after filing of this case. 5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail and submits that there was some relationship between this petitioner and Vikash Kumar Ojha and Prakash Kumar Ojha. Admittedly both of them were found in the house of this petitioner in injured condition. The vehicle from which the fire arm was recovered also belongs to father of Vikash Kumar Ojha and Prakash Kumar Ojha.
As the key of the said vehicle was handed over to the police by this petitioner, there are high probability that the fire arm was planted in the vehicle. 6. After hearing the parties, I find that there is dispute between the petitioner and Vikash Kumar Ojha and Prakash Kumar Ojh but the fact which is admitted is that the vehicle from which fire arm was recovered is registered in the name of father of Vikash Kumar Ojha and Prakash Kumar Ojha. Vikash Kumar Ojha and Prakash Kumar Ojha were taken by the police from the house of this petitioner and the vehicle was also taken from the said premises by the police. 7. Considering the fact that the vehicle does not belong to this petitioner, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 8. 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
2025:JHHC:17942 3
Additional Chief Judicial Magistrate, Ramgarh, in connection with Patratu P.S. Case No.208 of 2022, 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. 9. The petitioner is
directed to appear before the Investigating Officer once in every 15 days and cooperate in the investigation till submission of chargesheet.
(ANANDA SEN, J.) Tanuj/Cp-3