Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2018 of 2025
------ Jitendra Vishwakarma, aged about 32 years, Son of Dudheshwar Mistry, Resident of Village-Vikash Nagar (Vishwakarma Nagar), P.O.-Dhanbad, P.S.-Bankmore, Dist.-Dhanbad.
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Kailash Mahto, Son of Late Shanti Mahto, Resident of Panchwati Nagar, Near Shiv Mandir, P.O.-Bhuli, P.S.-Bhuli O.P. (Bankmore), District-Dhanbad (Jharkhand).
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Amit Kr. Verma, Advocate
For the State
: Mrs. Sushma Aind, Addl.P.P.
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Order No.02 Dated- 27/03/2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Bankmore P.S. Case No.85 of 2023 registered under sections 420, 406, 120B, 323, 341, 506, 34 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused person has committed cheating and criminal breach of trust by taking Rs.12,50,000/- as advance money to purchase materials for construction of house of the informant but has only done some of the work. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is a 74% physically disabled person. It is next submitted that the petitioner has already invested his own money amounting to Rs.2,26,650/-. It is next submitted that the petitioner has done work worth Rs.14,76,650/- against the advance payment of Rs.12,50,000/- but in order to avoid payment of the rest amount, this false case has been foisted. It is next submitted that the informant has filed the false complaint case no.6097 of 2022 which is being referred to police under Section 156(3) of Cr.P.C. for the registration of the FIR. It is further submitted that the
petitioner undertakes that he will not disturb or annoy the informant in any manner during the pendency of the case. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privileges of anticipatory bail. Hence, in the event of his arrest or surrendering within a period of six weeks from the date of this
order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad, in connection with Bankmore P.S. Case No.85 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case and he will not disturb or annoy the informant in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Abhiraj/