NAGENDRA MISHRA ALIAS NAGENDRA KUMAR SHARMA v. THE STATE OF JHARKHAND
A.B.A./1585/2025 · 2025-03-10
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7565 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7565 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1585 of 2025
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1. Nagendra Mishra @ Nagendra Kumar Mishra, aged about 37 years, S/o Basant Kumar Mishra, R/o Qtr. No.1-B/87, Staff Colony, Kathra, P.S. Bokaro Thermal, P.O.- Kathara, District- Bokaro, Jharkhand, PIN-829116.
2. Amir Ansari, aged about 27 years, S/o Jamiruddin Ansari, R/o 204, Daulat Mohalla, Jhirki, Kathara, P.O. Kathara, P.S.- Bokaro Thermal, Dist- Bokaro, Bokaro, Jharkhand..... .... …. Petitioners
Versus
1. The State of Jharkhand
2. Kuldeep Singh, S/o Late Charan Singh, R/o Qtr. No.1C/14, Staff Colony, Kathara, P.O.- Kathara, P.S.- Bokaro Thermal, Dist.- Bokaro, Jharkhand
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Rajesh Kr. Tiwari, Advocate
For the State
: Ms. Anuradha Sahay, Addl.P.P
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Order No.02 Dated- 10-03-2025
Heard the parties.
Apprehending their arrest in connection with Bokaro Thermal P.S. Case No.55 of 2024 instituted under Sections 406, 420, 120-B, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons and in criminal conspiracy with each other, have cheated and thereby dishonestly induced the complainant to part with Rs.4,21,000/- and dishonestly misappropriated the same. It is submitted that the allegation against the petitioners is false. It is next submitted that the complainant is a habitual defaulter of loan which he has taken from several banks. It is next submitted that the petitioner No.1 had given a loan of Rs.5,58,000/- to the complainant and in this regard, an agreement paper was prepared whereupon the complainant and the petitioners put their signatures and to save his skin, this false case has been foisted with a concocted story. It is further submitted that admittedly the
petitioners had paid some money to the complainant by transfering the same to the bank account of the daughter of the complainant. It is next submitted that there is inordinate and unexplained delay in filing the complaint which upon being referred to police, this false case has been foisted. It is also submitted that the dispute between the parties is basically a civil dispute. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, 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.10,000/- 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 J.M.-1st Class, Bermo at Tenughat in connection with Bokaro Thermal P.S. Case No.55 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant in any manner 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/