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2025 DAILYLAW 36498 (JHR)

SANKER LOHARA ALLIAS SHANKAR LOHAR v. THE STATE OF JHARKHAND

A.B.A./6027/2025 · 2025-12-16

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:37763 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6027 of 2025 1. Sanker Lohar @ Shankar Lohar, son of Sukula Lohar, aged about 42 years 2. Poonam Devi @ Poonam Lohar @ Manju Devi, wife of Sanker Lohar, aged about 44 years Both are residents of Hanuman Mandir, Khijur Tola, P.O. Buti, P.S. Sadar, District-Ranchi, Jharkhand ...... … Petitioners Versus 1. The State of Jharkhand 2. Poonam Devi wife of Mukesh Thakur, resident of Waxpol Factory, Booty More, P.S. Sadar, P. O. Booty More, District-Ranchi .…. … Opposite Parties -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Shadab Bin Haque, Advocate Ms. Nisha Kumari, Advocate Mr. Manoj Kumar, Advocate For the State : Mr. Achinto Sen, A.P.P. 05/ 16.12.2025: Heard learned counsel for the petitioners and learned counsel for the State and learned counsel for the O.P. No.2. 2. The petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 137/2025, registered under sections 316(2), 318(4), 3(5) of BNS, pending in the Court of learned Judicial Magistrate, Ranchi. 3. Learned counsel for the petitioners submits that petitioners have entered into an agreement with the informant for sale of land and in the light agreement it was agreed to sell the land @ Rs. 8 lakh per decimal and the total area of land was five decimals which comes to Rs. 40,00,000/- but only Rs. 10,00,000/- was paid by the informant and in view of that sale deed was not executed. He further submits that said amount of Rs. 10,00,000/- has been returned to the informant and to buttress this argument, he refers to supplementary affidavit wherein statement of bank transaction is annexed. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. ( 2025:JHHC:37763 ) 4. Learned counsels for the State and informant oppose the prayer and submit that petitioners are involved in other cases also and in view of that anticipatory bail application may kindly be rejected. 5. It appears that petitioners have entered into an agreement with the informant for sale of land on consideration amount of Rs. 40,00,000/- and it has been pointed out that only Rs. 10,00,000/-was paid by the informant and in view of that sale deed was not executed and the said amount of Rs. 10,00,000/- has been returned to the informant in the light of supplementary affidavit wherein statement of bank transaction is annexed and further in anticipatory bail and regular bail if criminal antecedent is there that is one of the consideration of granting anticipatory bail or regular bail however that cannot be only criteria of allowing and rejecting anticipatory bail and regular bail. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Sadar P.S. Case No. 137/2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.16.12.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-