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2025 DAILYLAW 8601 (JHR)

RAM TIWARI ALIAS RAM PRASAD KUSHWAHA v. THE STATE OF JHARKHAND

A.B.A./2110/2025 · 2025-04-02

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:10092 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2110 of 2025 ------ Ram Tiwari @ Ram Prasad Kushwaha, aged about 37 years, son of Dwarika Kushwaha, resident of Pandobeswar Fulbagan, Coliyari, P.O. & P.S.-Pandabeswar, Dist.- Bardhaman, West Bengal … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sanjay Prasad, Advocate For the State : Mr. Azeemuddin, Addl. P.P. ------ Order No.02 Dated- 02.04.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Argora P.S. Case No.152 of 2024 registered for the offences punishable under sections 406/420/379/467/468/506/120B of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons committed theft of fridge, inverter, battery, printer, fan and almirah from the house of the informant and also took five cheques with signature of the informant and withdrew Rs.14,88,800/-, by utilising the said stolen cheques. It is further submitted that the allegations against the petitioner are all false and this FIR has been lodged to setup a defence in C.R. Case No. 1026 of 2023 filed by the petitioner, against the proprietor of M/s Radha Krishna Enterprises; to whom the petitioner gave a loan of Rs.25,00,000/-. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 12 of the anticipatory bail application and there is no way, as to how, that the petitioner could have stolen any cheque bearing the signature of the drawer of the cheque. 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 and further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege 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 abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender 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 J.M. 1st Class, Ranchi, in connection with Argora P.S. Case No.152 of 2024 with the condition that the petitioner 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 with further condition that he 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.) Sonu/Gunjan-