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2025 DAILYLAW 38751 (JHR)

NARSING UPADHYAY v. THE STATE OF JHARKHAND

A.B.A./5512/2025 · 2025-11-20

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:34758 --1-- A.B.A. No. 5512 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5512 of 2025 ---- Narsing Upadhyay, aged about 75 years, S/o Late Bharosa Upadhyay, R/o Plot No. G-10, Ashiyana Nagar, Phase-2, PO – Ashiyana Nagar, PS – Rajeev Nagar and District – Patna, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Satakchhi Priya Verma, Advocate :- Ms. Aprajita Bhardwaj, Advocate For the State :- Mrs. Priya Shrestha, Advocate ---- 06/20.11.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State through V.C. 2. The petitioner is apprehending his arrest in connection with Spl. Vigilance Case No.16 of 2011 arising out of Dhanbad (ACB) P.S. Case No.14 of 2011, for the alleged offences registered under Sections 409, 420, 467, 468, 471, 109 and 120B of Indian Penal Code and Section 13(2) read with Section 13(1)(c)(d) of P.C. Act pending in the Court of learned Additional Sessions Judge-X-cum-Special Judge (Vigilance), Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner was posted as a Chief Executive Officer, Zila Parishad, Dhanbad from 03.07.2001 to 17.05.2003. By way of drawing the attention of the Court to the contents of FIR, she submits that the allegation of alleged allotment of the properties is with effect from 2004. She further submits that fact is also admitted in Paragraph No.14 of the counter affidavit of 2025:JHHC:34758 --2-- A.B.A. No. 5512 of 2025 the State. 4. Learned counsel appearing for the State through V.C. opposes the prayer and submits that the petitioner was posted for sometime in Zila Parishad, Dhanbad. 5. In the counter affidavit filed by learned counsel appearing for the State it is an admitted position that the petitioner was posted as a Chief Executive Officer, Zila Parishad, Dhanbad from 03.07.2001 to 17.05.2003 and in the FIR the allegation of allotment of properties of Zila Parishad, Dhanbad is with effect from 2004. In the attending facts and circumstances of the case, 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 Additional Sessions Judge-X-cum-Special Judge (Vigilance), Dhanbad in connection with Spl. Vigilance Case No.16 of 2011 arising out of Dhanbad (ACB) P.S. Case No.14 of 2011, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 20.11.2025 Sangam/