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2025:JHHC:33606 1 A.B.A. No. 6352 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 6352 of 2025
---- 1.Gida Jaydip Nanku Bhai, aged about 37 years son of Nankubhai Gida, resident of Teacher Society, Sanathali, PO and PS Aadkot, District Rajkot, Gujarat -364490 2.Vala Kuldeep Gabharubhai @ Jigarbhai, aged about 34 years son of Ravatbhai Vala, resident of Jasadan, Dolatpar, PO and PS Aadkot, District -Rajkot, Gujarat- 364490 .... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners
:- Mr. A.K. Sahani, Advocate
For the State
:- Mrs Nehala Sharmin, Advocate
For the informant
:- Mr. K.S. Nanda, Advocate
---- 2/11.11.2025 Heard learned counsels for petitioners, for State appearing through the Video Conferencing (V.C.) and the learned counsel appearing on behalf of the informant.
2.
The petitioners are apprehending their arrest in connection with Barsol P.S. Case No.14 of 2025, for offence registered under section 406, 420, 506, 34 and 120(B) of the IPC, pending in court of learned Judicial Magistrate, First Class, Ghatshila.
3.
Learned counsel for petitioners submits that the agreement has been reached between the informant and the proprietor of M/s Bapa Sitaram Enterprises represented by its proprietor Mr. Arvind Bhai Madhani. He further submits that pursuant to the said agreement, the said firm has supplied base oil for industrial use and the accused no.1 has raised the bill and the bill has also been paid by the complainant to Mr. Arvind Bhai Madhani. He then submits that the allegation is made that said Mr. Arvind Bhai Madhani has not deposited the GST amount. He then submits that so far as these petitioners are concerned, they are the agents of the said firm/ company.
4. Learned State counsel appearing through the Video Conferencing (V.C.) as well as the learned counsel appearing on behalf of the informant jointly oppose the prayer and submit that allegations are there of not depositing the GST amount.
5. Looking to the contents of the FIR it transpires that agreement was
2025:JHHC:33606 2 A.B.A. No. 6352 of 2025
reached between the informant and the proprietor of M/s Bapa Sitaram Enterprises represented by its proprietor Mr. Arvind Bhai Madhani and pursuant to supply made by said Mr. Arvind Bhai Madhani and raising the bill by said Mr. Arvind Bhai Madhani, the payment has already been made by the informant to said Mr. Arvind Bhai Madhani and said Mr. Arvind Bhai Madhani has not deposited the GST amount and the only allegation against the petitioner is there that they happened to be the agent of said company/firm, I am inclined to grant anticipatory bail to both the petitioners.
6. Accordingly, both the petitioners, above named, are hereby
directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Judicial Magistrate, First Class, Ghatshila, in connection with Barsol P.S. Case No.14 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) 11.11.2025 SI/