Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:33232] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6293 of 2025
Krishna Kumar, aged about 46 yrs, S/o. Chandra Shekhar Prasad Shau, R/o. Block No.289/2/4, Road No. 10, Near Hanuman Mandir, Adityapur, P.O.+ P.S.- Adityapur, Dist: Seraikella- Kharswan, Jharkhand.
..... … Petitioner
Versus The State of Jharkhand.
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate. For the State
: Mrs. Ruby Pandey, A.P.P. ------
03/ 06.11.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with arrest in connection with Seraikella P.S. Case No. 123 of 2022, registered under Sections 467, 406, 420, 506 and 34 of Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Seraikella.
3.
Learned counsel appearing for the petitioner submits that the petitioner is working as a small-time contractor, dealing in supply of scrap materials and there was a business relation of the informant with the petitioner and the co-accused persons. He further submits that even not a single pie has been transferred in the account of the petitioner and the allegation is made that the informant has paid sum of Rs.30 Lakhs in cash to the petitioner. He next submits that even it is not disclosed what is the purpose of giving such huge amount in cash to the petitioner. He then submits that the informant had taken 2 blank cheques from the petitioner and also from the co-accused persons as security cheques and when the business relation turned sour, he filled up the blank cheque to the tune of Rs.30 Lakhs and get them dishonoured and then made out a story that the petitioner has taken
[2025:JHHC:33232] -2-
sum of Rs.30 Lakhs for managing the villagers. He also submits that in absence of filing any case under Section 138 of the Negotiable Instrument Act, the present case has been lodged. He submits that in similar circumstance, the other co-accused person has already been provided the privilege of anticipatory bail in A.B.A. No. 5439 of 2025 by this court. 4. Learned A.P.P. for the State has opposed the prayer, however, he submits that the matter relates to Section 138 of NI Act. 5. Considering that the amount in question has not been paid in the account of the petitioner, however, allegations are made that amount has been paid in cash and two blank cheques have been taken from the petitioner and co-accused and the informant got them dishonoured and further considering that the complaint case has not been filed by the informant for dishonour of the cheque and present case has been lodged alleging that the petitioner has taken sum of Rs.30 Lakhs from the informant and also considering that prima facie it appears that the dispute is of civil in nature and in the similar circumstance, the other co-accused person have already been provided the privilege of anticipatory bail in A.B.A. No. 5439 of 2025 by this court, I am inclined to grant anticipatory bail to the petitioner. 6.
6. Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty- five thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Seraikella, in connection with Seraikella P.S. Case No. 123 of 2022, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-06.11.2025 Amitesh/-