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2025 DAILYLAW 5586 (JHR)

GANESH SAHA v. THE STATE OF JHARKHAND

A.B.A./1150/2025 · 2025-02-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1150 of 2025 ------ 1. Ganesh Saha, aged about 30 years, Son of Anil Saha, resident of village-Bagsisha, P.O.-Dangapara, P.S.-Hiranpur, Dist.-Pakur 2. Arun Kumar Thakur, aged about 30 years, Son of Bishnu Prasad Thakur, resident of village-Toyo Tola, Daldali, House No.200, ward no.-9 P.O. Sarouni Bazaar, P.S.-Godda (M), Dist.-Godda, Jharkhand .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Shrikant Yadav aged about 27 years S/o-Baleshwar Yadav, R/o village-Nokhila, P.O.+P.S.-Sarwan, Dist.-Deoghar .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : None For the State : None ------ Order No.02 Dated- 20-02-2025 No one turns up on behalf of either of the parties in-spite of repeated calls. Apprehending their arrest in connection with Complaint Case No.764 of 2023 instituted under Sections 406, 420 and 409 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Perusal of the record reveals that the allegation against the petitioners is that the petitioners being marketing field staff of Bharat financial Inclusion Limited Company, Godda have collected money from the loanee who availed load from the said financial Inclusion but without depositing the same collected amount with their employer petitioner no.1 has misappropriated the amount of Rs.5,99,316/- and petitioner no.2 has misappropriated the amount of Rs.3,30,800. It is further averred in the anticipatory bail application that the allegations against the petitioners are false. It is next averred that no document has been annexed with the complaint to suggest entrustment of any money of the loanee of the financial institution to the petitioners. It is further averred that petitioners were given the low salary by their employer and on their request to increase their salary, this false case has been foisted against the petitioners with baseless allegations. It is next averred in the anticipatory bail application that the petitioners have no criminal antecedent as mentioned in paragraph no.16 of the anticipatory bail application. It is also averred in the anticipatory bail application that the petitioners are ready and willing to abide by any terms and condition as imposed by this Court. Considering the aforesaid facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IV-cum-Judicial Magistrate, Godda in connection with Complaint Case No.764 of 2023 with the condition that they will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/