Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20951 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.873 of 2025 ------ Santosh Kumar Mehta, aged about 42 years, son of Trishul Mahto, resident of Village- Subhash Chounk Badam, P.O.- Badam, P.S.- Badkagaon, Dist.- Hazaribag, Jharkhand … … Petitioner Versus
1. The State of Jharkhand.
2. Amit Kumar, S/o Kailash Singh, Resident of Vill-Ambedkar Nagar, Hazaribag, P.O.-Ghato, P.S.- Mandu, Dist-Ramgarh, Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Mukesh Kumar Mehta, Advocate For the State : Mr. V.K. Vashistha, Spl.PP
----- 03/ 30.07.2025
Heard the parties.
2.
This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 342/386/506/34 of IPC.
3.
The allegation in the F.I.R. is that the informant and his friend had taken Rs.4,60,000/- from Santosh Kumar Mehta and Four others for business of land. It is further alleged that on 26.08.2022 when the informant went to the house of one friend of Santosh Kumar Mehta (Petitioner) upon his direction. He told him that he is now been kidnapped and demanded Rs.4,60,000/- and also threatened to sell his kidney for realization of the said amount. Out of fear the informant called his son and gave him Rs.90,000/- one car and two cheques.
4.
Learned counsel for the petitioner submits that the petitioner is absolutely innocent and in fact, the petitioner has given money to the informant which the informant was not returning. Thereafter an agreement was executed by the informant in presence of several witnesses prescribing a time frame within which the amount to be paid. Two cheques were also given but the same got dishonored, thus the informant has lodged this case to pressurize the petitioner so that he does not demand the same.
5.
The learned APP opposes and submits that even if the
2025:JHHC:20951 2
petitioner is entitled for recovery money from the informant, this is not the manner in which the same can be recovered.
6.
After hearing the parties and after going through the record specially Annexure-2 at page No.15 which is an agreement between the parties which suggests that the petitioner is to receive money from the informant and the time frame has been laid down as how the money will be disbursed, I am of the opinion that this is not a case of custodial investigation, more so, when the informant has returned and the parties are known to each other.
7.
Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Hazaribag in connection with Korra P.S. Case No.236/2022, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. The petitioner should cooperate with the investigation and appear before the concerned Court once in every fifteen days, till submission of the final report.
(ANANDA SEN, J.) Sandeep. Cp-3