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2026 DAILYLAW 12865 (JHR)

RAMESH KUMAR GAVDI ALIAS RMAESH GAWRI v. THE STATE OF JHARKHAND

A.B.A./2214/2026 · 2026-05-11

Sanjay Kumar Dwivedi

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Judgment text

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( 2026:JHHC:14041 ) -1- A.B.A. No. 2214 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2214 of 2026 1. Ramesh Kumar Gavdi @ Ramesh Gawri, aged about 67 years, son of Late Lekhrajmal Gavdi @ Late Lekhrajmal Gawri, resident of B.M. Colony, Bero, Dhanbad, P.O. Dhansar, P.S. Dhansar, District- Dhanbad (Jharkhand) 2. Manish Kumar Gavdi @ Manish Gawri, aged about 38 years, son of Ramesh Gawri, resident of B.M. Colony, Bero, Dhanbad, P.O. Dhansar, P.S. Dhansar, District- Dhanbad (Jharkhand) … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Ajay Kumar Sah, Advocate For the State : Mr. Pankaj Kumar, P.P. For the Informant : Mr. Sanjay Kumar Pandey, Advocate ----- 02/11.05.2026 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the informant. 2. The petitioners are apprehending their arrest in connection with Dhanbad (SC/ST) P.S. Case No.02 of 2022, registered for the offence under Sections 467, 468, 471, 419, 420, 406, 504, 120B and 34 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the Court of the learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioners submits that the case has been falsely lodged against the petitioners and even the sections under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been inserted. He next submits that however in the quashing petition, the FIR only to the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been quashed by the Coordinate Bench of this Court in Cr.M.P. No.1698 of 2022, vide order dated 01.03.2023. He also ( 2026:JHHC:14041 ) -2- A.B.A. No. 2214 of 2026 submits that the agreement dated 08.10.2013 was executed and signed between the petitioner no.1 and the informant, wherein, it has been specifically stated and agreed between the parties that the informant, being the first party, had given the petrol pump to petitioner no.1 on a monthly lease and license/rent basis for a period of five years, which was end on 07.10.2018. He further submits that as per the agreement, it was the petitioner no.1 who was to run the petrol pump and was required to pay a sum of Rs.30,000/- per month to the informant towards lease rent of the said petrol pump after deducting the installment of loan payable to HPCL against the said petrol pump. He then submits that it was further agreed that after the month of September, 2014, the monthly lease rent would be Rs.35,000/-. He also submits that the allegations are made that from the bank account of the said petrol pump, the money was withdrawn fraudulently. He next submits that in para 103 of the case diary, the statement of the bank official is recorded, wherein, he has stated that prima facie it appears that from the signature of Usha Kumari, who happened to be the informant and on the stamp of the said petrol pump, the amount has been withdrawn. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioners. 4. Learned counsel appearing for the State and informant jointly opposed the prayer and submit that without any information to the informant, the amount has been withdrawn. 5. Considering that the matter is arising out of an agreement and the allegations are made of withdrawal of money from the bank account of the said petrol pump, however, in para 103 of the case diary, the officer of the ( 2026:JHHC:14041 ) -3- A.B.A. No. 2214 of 2026 Bank of India has stated that on the form, fill up by Usha Kumari who is the informant and on the stamp of the said petrol pump, the amount has been withdrawn and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad (SC/ST) P.S. Case No.02 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 11th May, 2026 Ajay/