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2026 DAILYLAW 12675 (JHR)

MANOHAR PRASAD v. THE STATE OF JHARKHAND

A.B.A./2340/2026 · 2026-05-12

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:14299 ) -1- A.B.A. No. 2340 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2340 of 2026 Manohar Prasad, aged about 56 years, S/o Late Ramchandra Prasad, R/o House No.51, New Rani Kudar Extension, Road No.2, Mahabir Mandir near Dhobia Ghat Kadma, P.O. & P.S. Kadma, Dist. East Singhbhum (Jamshedpur) … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P. For the Informant : Mr. Gautam Kumar, Advocate ----- 04/12.05.2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the informant. 2. The petitioner is apprehending his arrest in connection with Bankmore P.S. Case No.44/2025, registered for the offence under Sections 406/420 of the IPC, pending in the Court of the learned C.J.M., Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the Director of Anand Enterprises, which is indulged in real estate business. He further submits that there was an agreement in the year 2015 for purchase of flat between the petitioner and informant. He then submits that the flat was not completed in due time and, therefore, the petitioner has already returned substantial amount of money including Rs.11,00,000/- to the informant, which the informant has unilaterally adjusted towards interest. He next submits that even after initiation of the criminal case, the petitioner voluntarily transferred Rs.1,00,000/- on 01.03.2025 and Rs.50,000/- on 11.08.2025 to the informant. He also submits that the petitioner has also complied notice under Section 35(3) of BNSS. He further submits that after 9 years of the agreement, the ( 2026:JHHC:14299 ) -2- A.B.A. No. 2340 of 2026 present FIR has been lodged. On these grounds, he submits that the anticipatory bail may kindly be granted to the petitioner. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of not handing over the flat in due time. 5. Learned counsel appearing for the informant vehemently opposed the prayer and submits that the entire amount has not been paid to the informant. On these grounds, he submits that the prayer for anticipatory bail may kindly be rejected. 6. Considering that the matter is arising out of an agreement and the petitioner and informant entered into an agreement in the year 2015, whereas, the present FIR has been lodged on 03.03.2025 and dispute is there with regard to return the money and prima facie, it appears that for a specific performance case, criminal case has been lodged and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 7. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Bankmore P.S. Case No.44/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 12th May, 2026 Ajay/