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2025 DAILYLAW 9874 (JHR)

ASHUTOSH SINGH v. THE STATE OF JHARKHAND

A.B.A./2202/2024 · 2025-04-17

Sri Ananda Sen

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Judgment text

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2025:JHHC:11674 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3358 of 2024 ------ Deshratna @ Deshratan, aged about 36 years, Son of Ajay Singh, Resident of Triveni Apartments, Jay Prakash Nagar, PO, PS & District Dhanbad. … … Petitioner Versus 1. The State of Jharkhand. 2. Md. Amir Khan, aged about 34 years, S/o Md. Irfan Khan, aged about 34 years, Resident of 117, Block No.507, Rangatand, Railway Colony, PO, PS & District Dhanbad. … … Opposite Parties With A.B.A. No.2202 of 2024 ------ Ashutosh Singh, aged about 34 years, Son of Ajay Singh, Resident of Triveni Apartments, Jay Prakash Nagar, PO, PS & District Dhanbad. … … Petitioner Versus 1. The State of Jharkhand. 2. Md. Amir Khan, aged about 34 years, S/o Md. Irfan Khan, aged about 34 years, Resident of 117, Block No.507, Rangatand, Railway Colony, PO, PS & District Dhanbad. … … Opposite Parties ------ CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Akriti Shree, Advocate. For the State : Mr. Pankaj Kumar, A.P.P. [in ABA No.3358/2024] Mrs. Ruby Pandey, A.P.P. [in ABA No.2202/2024] For the OP No.2 : Mr. R.S. Mazumdar, Sr. Advocate ----- 09/ 17.04.2025 Heard the parties. 2. These anticipatory bail applications under Sections 438 and 440 of the Code of Criminal Procedure, 1973, have been preferred by the petitioners apprehending their arrest for offences registered under Sections 406, 420, 467, 468, 471, 447(A), 120B and 506 of the Indian Penal Code. 3. Learned senior counsel representing the opposite party no.2 opposes the prayer for anticipatory bail in those cases. 4. From the impugned order and FIR, I find that the 2025:JHHC:11674 2 petitioner and informant entered into partnership and the deed was prepared. The business continued and thereafter some dispute arose between them. It is alleged that the remuneration of the informant to the tune of Rs.2.50 lacs and Rs.10 lacs in shares has not been paid and the investments were being diverted. 5. From the aforesaid allegation, I am of the opinion that the entire dispute revolves around partnership firm and it is the dispute between the partners. 6. Considering the aforesaid fact, these Anticipatory Bail Applications stand allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Court of CJM, Dhanbad, in connection with Dhanbad P.S. Case No.420 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in their name or in the name of their ancestors in which they are having share and to that effect, they have to file an affidavit before the Trial Court indicating their share in the property. (ANANDA SEN, J.) RKM/