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2025 DAILYLAW 9781 (JHR)

PRAMESHWAR YADAV v. THE STATE OF JHARKHAND

A.B.A./2090/2025 · 2025-03-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2090 of 2025 ------ 1. Prameshwar Yadav, aged about 40 years, son of late Sukar Yadav 2. Tulsi Yadav @ Tulshi Yadav, aged about 46 years, son of late Sukar Yadav Both residents of Village-Yadutand, P.O. & P.S.-Telaiya, Dist.-Koderma (Jharkhand) … Petitioners Versus 1. The State of Jharkhand 2. Lato Yadav, son of late Kishun Yadav, resident of Village- Chamangudokala, P.O. & P.S.-Jainagar (Telaiya Dam O.P.), Dist.-Koderma (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sanjay Kr. Pandey, Advocate For the State : Mr. Sudhir Kr. Mahto, Addl. P.P. ------ Order No.02 Dated- 28.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 1753 of 2023 registered for the offences punishable under sections 406/417/34 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners has taken Rs.11,00,000/- to sell their land but they are not returning the same nor executing the sale deed and one Subhash Yadav is claiming that he has purchased the land from the petitioners. It is further submitted that the allegations against the petitioners are all false and the dispute between the parties is a civil dispute. It is next submitted that there is no document to show entrustment of any money to the petitioners. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 8 of the anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the trial of the case. Hence, it is submitted that the petitioners 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Koderma, in connection with Complaint Case No. 1753 of 2023 with the condition that the petitioners will cooperate with the trial of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-