Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 9540 (JHR)

MAHESHWAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./2144/2024 · 2025-03-04

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2144 of 2024 ------ Maheshwar Mahato S/o Late Hari Mahato, aged about 54 years R/o-Village Laladih, Baliapur, P.O. + P.S. Baliapur, District- Dhanbad. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Budhni Devi, W/o- Sri Bablu Rawani, R/o-Brahmandiha, P.O.- Pradhan Khanta, P.S.-Baliapur, District-Dhanbad, Jharkhand. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Niranjan Singh, Advocate : Mr. Ranjan Kr. Singh, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P. ------ Order No.10 Dated- 04/03/2025 Heard the parties. Apprehending his arrest in connection with C.P. Case No.2187 of 2020 instituted under Sections 406, 420, 120(B) of Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the chairman of Baliapur PACCS was involved in criminal conspiracy with the co-accused persons and committed the offence of cheating and criminal breach of trust by not paying the amount of fixed deposit kept by the complainant with the said PACCS vide fixed deposit receipt no.478 of 2003. It is submitted that the allegation against the petitioner is false. It is next submitted, drawing attention of this Court to supplementary affidavit dated 19.02.2025, that therein it has categorically been mentioned that the petitioner has no access to the Certificate No.478 of 2003; rather the PACCS Manager has access to the records of PACCS, being the custodian of the records of the PACCS. It is also submitted that the petitioner undertakes that he will not annoy or disturb the complainant in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be 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 on depositing Rs.10,000/- 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 J.M.-1st Class, Dhanbad in connection with C.P. Case No.2187 of 2020 with the condition that he will co-operate with the trial of the case and he will not annoy or disturb the complainant in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Abhiraj/