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2025 DAILYLAW 4950 (JHR)

PAWAN KUMAR SINHA v. THE STATE OF JHARKHAND

A.B.A./1062/2025 · 2025-02-19

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1062 of 2025 ------ Pawan Kumar Sinha, Aged about 32 years, Son of Krishna Kant Prasad, Resident of- Village- Bishunpuri, Kadma-2, P.O.- Kadma, P.S.- Kadma, District- Hazaribag .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nawin Kumar, Advocate For the State : Mr. Sudhir Kr. Mahto, Addl. P.P For the Informant : Mr. Agnivesh, Advocate ------ Order No.02 Dated- 19-02-2025 Heard the parties. Apprehending his arrest in connection with Katkamdag P.S. Case No.160 of 2021 instituted under Sections 341, 323, 406, 420, 504, 506 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner took Rs.4,45,000/- from the informant with the promise of giving 30% interest on the principal amount and also to give share of benefit in the business of boulder mines and investment was also made by the friends of the informant and thus, the petitioner took total sum of Rs.24,46,400/- with promise of such alluring returns; as promised to the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has not taken any money from the informant. It is further submitted that the company was created by another person and the petitioner was given the responsibility to run the company; as the persons who invested money, were Government employees. It is also submitted that the petitioner was made one of the partners of the said company in the name and style of Maa Laxmi Construction. It is then submitted that as per the calculation of the investment and expenditure of Maa Laxmi Construction, the total expenditure was Rs.26,03,854/-, therefore, the petitioner has not taken any money. Drawing attention of this Court towards para-13 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the transaction between the parties is purely a business transaction. It is also submitted that the informant is employed in Jharkhand Police so, he has falsely instituted this case to pressurize the petitioner and to harass him. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.- 1st Class, Hazaribagh in connection with Katkamdag P.S. Case No.160 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/