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2025 DAILYLAW 31442 (JHR)

VISHAL TIGGA v. THE STATE OF JHARKHAND

A.B.A./106/2025 · 2025-01-16

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 106 of 2025 ------ 1. Vishal Tigga, aged about 38 years, S/o Late Dharam Deo Tigga, R/o –Near Mukti Gas Godam, Upaer Toli, P.O. & P.S. –Argora, District –Ranchi, Jharkhand. 2. Krishna Tigga, aged about 36 years, S/o –Late Rambriksh Oraon, R/o –Tongri Toli, Argora, P.O. & P.S. –Argora, District –Ranchi, Jharkhand. 3. Amit Oraon, aged about 29 years, S/o Champa Oraon, R/o –Near Sewak General Store, Chetan Toli, P.O. –Harmu, P.S. – Argora, District –Ranchi, Jharkhand. 4. Mahi Khalkho, aged about 51 years, W/o Birsa Khalkho, R/o –Tungri Toli, Argora, P.O. –Harmu, P.S. –Argora, District –Ranchi, Jharkhand. 5. Mukesh Beg @ Mukesh Beek, aged about 34 years, S/o – Binod Beg, R/o –Near Bharat Gas Store, Chetan Toli, Argora, P.O. & P.S. – Argora, District –Ranchi, Jharkhand. … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Anurag Kashyap, Advocate : Mrs. Supriya Dayal, Advocate For the State : Mrs. Mahua Palit, Addl. P.P. ------ Order No.02 Dated- 16.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Argora P.S. Case No.41 of 2024 registered under sections 447/323/ 379/406/420/427/504/506/34 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 took Rs.17,10,000/- as advance from the informant for selling the land but is not selling the same and the allegation against the petitioners nos. 2 to 5 is that they trespassed upon the land purchased by the informant and destroyed the boundary wall and committed theft of the cement and iron rod. It is further submitted that the allegations against the petitioners are all false and the dispute between the parties is basically a civil dispute. It is then submitted that the allegations against the petitioners are general and omnibus in nature. It is next submitted that the petitioners have neither cheated nor committed any criminal breach of trust. It is further submitted that the petitioners have no criminal antecedent as has been mentioned in para-17 of the instant anticipatory bail application. It is then submitted that the petitioners undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Argora P.S. Case No.41 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that he will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-