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2025 DAILYLAW 7411 (JHR)

SUBODH KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./762/2025 · 2025-04-09

Ambuj Nath

body2025

Judgment text

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2025:JHHC:10955 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 762 of 2025 Subodh Kumar, aged about 64 years, son of Late Rajendra Prasad, resident of House No.1, Near Adarsh Nagar, Bhuiyandih P.O:- Agrico, P.S: Agrico, Dist: East Singhbhu m … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : M/s. Abhishek Kumar Dubey, Advocate For the State : M/s. Sunil Kumar Dubey, AP.P. --- 02/09.04.2025 Heard the parties. The petitioner has filed this application for quashing/setting aside the order dated 28.10.2024, passed by the learned Additional Chief Judicial Magistrate, Chandil in connection with Tiruldih P.S Case No. 15/2019, corresponding to G.R Case No. 214/2021, for the offence under sections 379/414 of the Indian Penal Code, Rules 4/54/67 of the Jharkhand Minor Mineral Concession Rule, 2004 and J.M.T.C Rules 2009, whereby and wherein the learned Magistrate has cancelled the bail granted to the petitioner on 12.10.2019. It was submitted that the petitioner was granted bail before cognizance was taken. It was further submitted that the cognizance was taken on 25.02.2021 and thereafter summons was issued for the appearance of the petitioner. It was further submitted that without the receipt of the service report of summon, bail of the petitioner was cancelled. It was finally submitted that this is a case of first appearance of the petitioner after cognizance and the learned Magistrate without the service report has cancelled the bail granted to the petitioner. The order of the learned Magistrate cancelling the bail of the petitioner without the receipt of the service report is grossly illegal. Accordingly, the order dated 28.10.2024 is set aside. The petitioner is directed to appear before the learned Magistrate concerned within two weeks from the date of receipt of copy of this order. This application is allowed Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) Saurabh Uploaded