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2025 DAILYLAW 34220 (JHR)

LALAN KUMAR MALLAH v. THE STATE OF JHARKHAND

A.B.A./6020/2025 · 2025-10-16

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:32057 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6020 of 2025 Lalan Kumar Mallah, aged about 35 years, son of Karao Mallah, resident of M.Q. No.146, Dhori Khas, P.O. and P.S.- Bermo, District-Bokaro …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Zaid Imam, AC to SC-VII ------ 2/16.10.2025 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Baghmara P.S. Case No. 53 of 2025, for the offence registered under Sections 316(2), 316(5), 318(2), 61(2) (a) of the Bhartiya Nyaya Sanhita, 2023, which is now pending in the Court of learned Sub Divisional Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioner submits that with consent of the informant, the money has been transferred in the account of the petitioner and the informant has himself admitted in the FIR that he has paid the amount in the account of the petitioner. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 15 of the petition. 4. Learned counsel for the State opposed the prayer and submits that the petitioner has taken the amount on the pretext of helping the informant. He also submits that petitioner has received notice under Section 35(3) of BNSS. 5. Looking into the contents of the FIR, it transpires that the 2025:JHHC:32057 2 informant has paid the amount suo moto to the petitioner and by a valid cheque, the amount has been transferred in the account of the petitioner. Petitioner has already replied the notice issued under Section 35(3) of BNSS. 6. In view of the above, the petitioner above named is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and condition or sureties, the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) 16.10.2025 R.Kumar