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2025 DAILYLAW 8098 (JHR)

ATISH SEN v. THE STATE OF JHARKHAND

B.A./2085/2025 · 2025-03-18

Ambuj Nath

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2085 of 2025 Atish Sen, aged about 26 years, son of Jagannath Sen, resident of HOL, N- 171, Mother Teresa Road, Zone No.6, Birsanagar, Town- Jamshedpur, P.O.- Bistupur, P.S.- Bistupur, District- East Singhbhum … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. Indrajit Sinha, Advocate : Mr. Akhouri Awinash Kumar, Adv. For the State : Mr. Sunil Kumar Dubey, A.P.P. --- 02/18.03.2025 Heard the parties. The petitioner has been made accused in connection with Bistupur P.S. Case No. 251 of 2024, for the offences registered under Sections 406, 420, 467, 468 & 120B of the I.P.C., pending in the Court of learned Chief Judicial Magistrate, Jamshedpur. The informant is a business man of West Jamshedpur. Co-accused Randeep Ghoshal, Ayan Saha and Saikat Saha approached the informant stating that they were expert in stock commodities market and if the informant invested through them, he will get good returns. The informant authorized the petitioner who was his staff to use his E-mail for the purpose of and sale and purchase of shares. It is alleged that petitioner used to forward the OTP received in the E-mail of the informant to the co-accused persons for sale and purchase of shares in the name of the informant. The informant has directed the petitioner to keep him informed regarding the sale / purchase of shares but the petitioner failed to do so. It is alleged that the co-accused persons by selling and purchasing shares in the name of the informant, had made a profit of Rs. 3.00 crores as brokerage fees. Mr. Indrajit Sinha, learned counsel for the petitioner submitted that co-accused Saikat Saha who is the beneficiary of the brokerage fee, has been granted Anticipatory bail by a Co-ordinate Bench of this Court. It was further submitted that there is no allegation that the present petitioner has made any financial gain in the entire transaction. -2- Learned A.P.P. has opposed the prayer for bail. In view of the submission made above, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur, in connection with Bistupur P.S. Case No. 251 of 2024. (Ambuj Nath, J.) Jay/-