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2025 DAILYLAW 6021 (JHR)

SHIB KUMAR PARSURAMKA v. THE STATE OF JHARKHAND

A.B.A./1323/2025 · 2025-02-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1323 of 2025 ------ Shib Kumar Parsuramka, S/O- Late Shankar Lal Parsuramka, Aged about- 55 years, R/O- Jamtara Bazar, P.O. + P.S.- Jamtara, District- Jamtara .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Ms. Ruby Pandey, Addl. P.P ------ Order No.02 Dated- 25-02-2025 Heard the parties. Apprehending his arrest in connection with Jamtara P.S. Case No.235 of 2024 instituted under Sections 317 (5), 318 (4), 61 (2) of the B.N.S., 2023 and Section 7 of the Essential Commodities Act, 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 has assisted in concealing stolen property and cheating as during the raid in the premises of his rice mill, a vehicle was found parked wherein 36 bags of fortified rice was loaded. It is submitted that the allegation against the petitioner is false. It is next submitted that there is no allegation of any theft having been committed anywhere and in the absence of the same, the question of the petitioner in concealing any stolen property does not arise. It is further submitted that there is no allegation against the petitioner of cheating anybody or dishonestly inducing anybody to part with any property and in the absence of the same, the offence punishable under Section 318 (4) of the B.N.S., 2023 is not made out against the petitioner. It is then submitted that there is no allegation of any control order having been violated by the petitioner and in the absence of any allegation of any control order being violated, the offence punishable under Section 7 of the Essential Commodities Act is not made out against the petitioner. 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 opposes 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.10,000/- 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 C.J.M., Jamtara in connection with Jamtara P.S. Case No.235 of 2024 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/