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2025 DAILYLAW 39899 (JHR)

MOHIT KUMAR @ PITAR SAW v. THE STATE OF JHARKHAND

A.B.A./6532/2025 · 2025-11-20

Sanjay Kumar Dwivedi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:34615 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6532 of 2025 Mohit Kumar @ Pitar Saw, son of Ashok Kumar Sahu, aged about 26 years, resident of village Rasda, Uper Tola, P.O. and P.S. Basal, District-Ramgarh (Jharkhand) ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. K.S. Nanda, Advocate For the State : Mr. Achinto Sen, A.P.P. 02/ 20.11.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Basal P.S. Case No. 20 of 2025, registered under sections 303(2), 317(2), 3(5) of BNS, 2023, pending in the Court of learned S.D.J.M, Ramgarh. 3. Learned counsel for the petitioner submits that false allegation is made against the petitioner of stealing aluminum from NTPC plant. He further submits that aluminum was being carried in a tractor and police chased the said vehicle and apprehended the father of the petitioner along with tractor. He also submits that petitioner has been implicated in this case only being the son of Ashok Kumar Sahu. He then submits that petitioner has no criminal antecedent of identical nature rather he has two criminal antecedents arising out of SC/ST Act and in one of the case he has been acquitted and in another case he is on bail. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that petitioner happens to be son of Ashok Kumar Sahu who has been apprehended along with tractor and aluminum. 5. Considering that petitioner happens to be the son of Ashok ( 2025:JHHC:34615 ) Kumar Sahu who has been apprehended along with tractor and aluminum, the petitioner has no criminal antecedent of identical nature however, he has two criminal antecedents arising out of SC/ST Act and acquitted in one of the case and in another case he is on bail. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner 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 S.D.J.M, Ramgarh, in connection with Basal P.S. Case No. 20 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.20.11.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-