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2025 DAILYLAW 9584 (JHR)

MD. ARSHAD ALIAS MD. CHAND ANSARI v. THE STATE OF JHARKHAND

A.B.A./2533/2025 · 2025-04-25

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12497 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2533 of 2025 ------ Md. Arshad @ Md. Chand Ansari, S/o Md. Habib Ansari, R/o Neem Talla Road, PO and PS Madhupur, District Deoghar, Jharkhand … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Dhirendra Kr. Deo, Advocate. For the State : Mr. V. S. Sahay, A.P.P. ----- 03/ 25.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 333, 319(2), 318(4), 316(2) 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 in connection with Madhupur PS Case No. 268 of 2024 pending in the Court of learned ACJM, Madhupur. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. All the offences mentioned in the FIR is punishable for the period which is less than seven years. There is nothing on record to suggest that there is threat of arrest of this petitioner. As per the judgment of the Hon’ble Supreme Court in the case of “Arnesh Kumar vs. State of Bihar” reported in (2014) 8 SCC 273, it is clear that if the accused who is wanted in any criminal case in which offence punishable is less than seven years, there is no necessity of immediate arrest if 2025:JHHC:12497 2 he cooperates with the investigation. There is nothing on record to suggest that the petitioner is not cooperating with the investigation. The petitioner also submits that he is cooperating with the investigation and on notice he had also appeared before the investigating officer. That being the fact, I find that there is no material to suggest that the petitioner is having any threat of arrest. 5. Considering the aforesaid facts, this anticipatory bail application is not maintainable and is accordingly dismissed as not maintainable. (ANANDA SEN, J.) Tanuj/Cp-3