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2025 DAILYLAW 34009 (JHR)

NEERAJ KUMAR MISHRA v. THE STATE OF JHARKHAND

A.B.A./5875/2025 · 2025-10-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:31112 --1-- A.B.A. No. 5875 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5875 of 2025 ---- Neeraj Kumar Mishra, aged about 50 years, son of Late Balram Kumar Mishra, resident of village – Ethe, PO – Ethe, PS – Murhu, District - Khunti .... Petitioner -- Versus -- 1. The State of Jharkhand 2. Rajesh Mahto, son of Late Teju Mahto, resident of village – Ganaloya, PO – Ganaloya, PS – Murhu, District - Khunti .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. SK Vishwakarma, Advocate For the State :- Mr. Satish Kr. Keshri, Advocate ---- 03/08.10.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.47 of 2024, for the alleged offences registered under Sections 420 and 406 of Indian Penal Code and Section 138 of NI Act pending in the Court of learned Chief Judicial Magistrate, Khunti. 3. Learned counsel appearing for the petitioner submits that the present case is arising out of the complaint case and the allegations are made of taking Rs.12,40,000/- and not executing the sale deed. He also submits that the cheque given by the petitioner was dishonoured and for that the complaint case has been filed and the learned Court has been pleased to take cognizance under 2025:JHHC:31112 --2-- A.B.A. No. 5875 of 2025 Section 406 of Indian Penal Code and Section 138 of Negotiable Instruments Act. 4. Learned counsel appearing for the State opposes the prayer and submits that the Section 406 is there as the execution of the deed was not made. 5. Considering that Section 138 of Negotiable Instruments Act is involved in the present case and the cheque was dishonoured and the learned Court has also been pleased to take cognizance under Section 406 of IPC, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, 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 Chief Judicial Magistrate, Khunti in connection with Complaint Case No.47 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 08.10.2025 Sangam/