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2025 DAILYLAW 7800 (JHR)

RITESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./1827/2025 · 2025-03-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1827 of 2025 ------ Ritesh Kumar, Son of Sri Hazari Paswan @ Hazari W Paswan, aged about 22 years, Resident of village –Sabaura, P.O. – Barauni Oil Refinery, P.S. Barauni, District –Begusaria (Bihar) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Prabhat Kr. Sinha, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P. ------ Order No.02 Dated- 25.03.2025 Heard the parties. Apprehending his arrest in connection with Ramgarh P.S. Case No.299 of 2024 instituted under Sections 316(2) and 318 (4) of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. The learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons misappropriated wages of labourers due to which the work of the project was obstructed. It is further submitted that the petitioner’s firm M/s Hazari Construction submitted a bill of Rs.1,18,29,020/- but only sum of Rs.91,59,548/- has been paid to the petitioner’s firm. It is next submitted that because of non-payment of the remaining dues, the firm of the petitioner could not make payment, to the workers. It is further submitted that petitioner was the son of the contractor for supplying the labour to the informant. It is further submitted that the bills were paid on the basis of certificate made by the engineer of the informant. It is also submitted that none of the employees or ex- employees of the informant has been arrayed as an accused. It is next submitted that the dispute between the parties is at best a civil dispute. It is then submitted that the petitioner undertakes to co- operate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co- accused person has already been given the privilege of anticipatory bail by this Court vide order dated 06.02.2025 in A.B.A. No. 790 of 2025. Hence, it is submitted that the petitioner be also 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 depositing Rs.20,000/- 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 Chief Judicial Magistrate, Ramgarh, in connection with Ramgarh P.S. Case No.299 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.) Sonu/Gunjan-