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2026 DAILYLAW 16808 (JHR)

AMAN KUMAR RAY v. STATE OF JHARKHAND

A.B.A./1951/2026 · 2026-06-15

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:17274 --1-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1234 of 2026 ---- Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal, aged about 45 years, son of Late Indrachand Agrawal, resident of Plot No.4, Block No.49, Nehru Nagar East, Motilal Nehru Nagar, Bhilai, PO and PS – Bhilai, Durg, District – Durg, Chhattisgarh .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party With A.B.A. No. 1951 of 2026 ---- 1. Aman Kumar Ray, aged about 33 years, S/o Rameshwar Ray, R/o village – Darauli, PO – Darauli, PS – Siwan, District – Siwan, Bihar 2. Ganesh Yadav, aged about 33 years, S/o Nathuni Yadav, R/o Tamaria, PO – Tamari, PS – Ghoghardiha, District – Madhubani, Bihar .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- A.B.A. No. 1234 of 2026 For the Petitioner :- Mr. Indrajit Sinha, Advocate :- Mr. Ankit Vishal, Advocate A.B.A. No. 1951 of 2026 For the Petitioners :- Mr. Mukesh Bihari Lal, Advocate A.B.A. No. 1234 of 2026 & A.B.A. No. 1951 of 2026 For the State :- Mr. Pankaj Kumar, Advocate For the Informant :- Mr. Sumeet Gadodia, Advocate :- Mr. Anish Lal, Advocate :- Mr. Nilohit Choubey, Advocate ---- 02/15.06.2026 Heard Mr. Indrajit Sinha, learned counsel appearing for the 2026:JHHC:17274 --2-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 petitioner in ABA No.1234 of 2026, Mr. Mukesh Bihari Lal, learned counsel appearing for the petitioners in ABA No.1951 of 2026, Mr. Pankaj Kumar, learned counsel appearing for the State in both the cases and Mr. Sumeet Gadodia, learned counsel appearing for the Informant in both the cases. 2. The petitioners are apprehending their arrest in connection with Bankmore P.S. Case No.280 of 2025, for the alleged offences registered under Sections 316(5), 318(2), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Dhanbad. 3. Mr. Indrajit Sinha, learned counsel appearing for the petitioner in ABA No.1234 of 2026 submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner was working as a Silent Director having no concern whatsoever with the day-to-day affairs of the Vimla Fuels and Metals Pvt. Ltd. and further the petitioner has already tendered his resignation from the directorship of the company on 25.10.2024. He then submits that the petitioner has never visited Dhanbad nor has met the informant or Mr. Pawan More regarding the loan or handing over the documents as a security and the petitioner is not the signatory in the alleged MOU executed by the co-accused Sanjay Kumar Agarwal and Pawan More. According to him, there is dispute between the informant and co-accused Sanjay Kumar Agarwal and in view of the nature of allegation it is civil dispute and for that 2026:JHHC:17274 --3-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 criminal case has been lodged. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Mr. Mukesh Bihari Lal, learned counsel appearing for the petitioners in ABA No.1951 of 2026 submits that the alleged transaction of Rs.5,85,00,000/- with Vimla Fuels and Metals Ltd. was done between 17.09.2024 to 24.09.2024 and the petitioners have joined the said company on 02.05.2025 and 28.04.2025 respectively. He further submits in view of that if any allegations are there that is against Vimla Fuels and Metals Ltd. and in view of the petitioners have joined the said company later on the involvement of the petitioners are not there and in view of that anticipatory bail may kindly be granted. 5. Learned counsel appearing for the State in ABA No.1234 of 2026 opposed the prayer and submits that intention to cheat from the very beginning is there and that has come in several paragraphs of the case diary. He further submits that the petitioner happened to be the brother of Sanjay Kumar Agrawal and he has approached the Narayani Coke Pvt. Ltd. to pay the amount for the business purpose. He then submits that an MOU has been drawn between the informant and the company and on behalf of the company it is signed by Sanjay Kumar Agrawal and an understanding was made that four title deed documents was handed over to the informant, who happened to be the Director of Narayani Coke Pvt. Ltd. He next submits that this petitioner has also threatened the informant and 2026:JHHC:17274 --4-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 that has come in paragraph No.84 of the case diary and further the petitioner is also having three criminal antecedents of similar nature. On these grounds, he submits that anticipatory bail of the petitioner in ABA No.1234 of 2026 may kindly be rejected. 6. So far ABA No.1951 of 2026 is concerned, Mr. Pankaj Kumar, learned counsel appearing for the State submits that the petitioners happened to be the Director of the said company and the said amount has been taken by Vimla Fuels and Metals Ltd. through their Directors and in view of that the petitioners are also liable for the offence made by the company and in view of that the anticipatory bail of the petitioners in ABA No.1951 of 2026 may kindly be rejected. 7. Mr. Sumeet Gadodia, learned counsel appearing for the Informant in both the cases submits that FIR has been lodged against the named accused persons by the informant namely Anup Sharma, who has been duly authorized by the board resolution of a company namely Narayani Coke Pvt. Ltd., having its administrative office situated at Alaknanda Apartment, Shanti Bhawan, PS – Bank More, Dhanbad, Jharkhand through its Managing Director Pawan More, aged about 64 years. He further submits that the informant is well aware about day-to-day affairs of the company namely Narayani Coke Pvt. Ltd. at Dhanbad. He then submits that the co- accused Sanjay Kumar Agrawal, who is also brother of the petitioner namely Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar 2026:JHHC:17274 --5-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 Agrawal in connivance and conspiracy with the petitioner and other accused persons approached the Managing Director of Narayani Coke Pvt. Ltd. namely Pawan More with mala fide intention to cheat in month of August 2024 and onwards at his administrative office situated at Alaknanda Apartment, Bank More, Dhanbad and asked and requested for a secured debt of Rs.6 crores as he was badly needing the same for clearing his business banking liabilities and on 17.09.2024 co-accused, Sanjay Kumar Agrawal came to the administrative office of the informant. He next submits that the petitioner namely Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal and co-accused Sanjay Kumar Agrawal were known to Pawan More for the last seven years in connection with business transactions, hence the Managing Director namely Mr. Pawan More has bonafidely provided the amount for Rs.5,85,00,000/- to the company and four of the registered sale deeds was handed over by Sanjay Kumar Agrawal as well as Vimla Metcoke Ltd. earlier known as Vimla Fuels and Metals Ltd. and further it was previously known as Vimla Fuels & Metals Pvt. Ltd. and it was promised that by 31.08.2025 the said amount will be returned and thereafter the said registered deeds will be returned to the company. He also submits that it has been reduced in writing by way of MOU contained in Annexure – IA-D. He next submits that later on it has been found that one of the registered deeds handed over to the informant was not valid as the said property was already transferred to Rakhi 2026:JHHC:17274 --6-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 Agrawal, who happened to be wife of Sanjay Kumar Agrawal on 07.11.2023 itself and on the said property also the said amount has been taken. He next submits that intention to cheat from the very beginning is made out against the petitioners. He next submits that he has got instruction that the petitioner namely Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal is already at flight risk as he has left the country and at present he is in Dubai. So far the petitioners in ABA No.1951 of 2026 are concerned he submits that those petitioners are the Directors of the other different companies of the same group and at the time of said transaction they were the Directors of the sister concerned belonging to the same group and according to the convenient the Directors are being transferred to one company to another company and even sometimes allowed to join afresh which further strengthens that the connivance are there of all the petitioners. He next submits that so far Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal is concern he is having three criminal antecedents one case is pending in Bankmore P.S. Dhanbad Jharkhand Case No.280 of 2025, second one is pending in DCB (Ahmedabad) P.S. Case No. 11191011250184/2025 and third one is pending in Hare Street P.S. (Kolkata) Case No.131/2025. He next submits that those cases are of identical nature also. 8. In view of above submission of learned counsel appearing for the parties the Court has gone through the materials on record 2026:JHHC:17274 --7-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 including the relevant annexures annexed with the petition. It is an admitted position that petitioner namely Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal is brother of Sanjay Kumar Agrawal, who has approached the Narayani Coke Pvt. Ltd. for a sum of Rs.6 crores. The MOU has been prepared and the said company through Sanjay Kumar Agrawal, who happened to be one of the Director, handed over four registered deeds to the informant with a clear-cut standing that by 31.08.2025 the amount will be returned back to Narayani Coke Pvt. Ltd. and the said deed will be handed over, later on to Vimla Fuels and Metals Pvt. Ltd. and it has been found that one of the registered deed which was earlier handed over to the informant, that property was already sold to Rakhi Agrawal, who happened to be wife of Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal and when the amount has not been returned, the case has been lodged. In the manner the amount has been taken and not returned and that too of utilizing a document which was not valid from the date of transaction was utilized which clearly suggests that the petitioners have the intention to cheat from the very beginning is there in the mind of the petitioners and further the petitioner in ABA No.1234 of 2026 is having three criminal antecedents that too of same nature and petitioner namely Sandeep Kumar Agarwal @ Sandeep @ Sandeep Kumar Agrawal is already at flight risk as he has left the country. The flight risk aspect has been considered by Hon’ble Supreme 2026:JHHC:17274 --8-- A.B.A. No. 1234 of 2026 with ABA No.1951 of 2026 Court in the case of P. Chidambaram vs. Directorate of Enforcement reported in (2019) 9 SCC 24. So far the petitioners in ABA No.1951 of 2026 are concerned they have joined the said company on 02.05.2025 and 28.04.2025 respectively, however their connivance cannot be ruled out in view of the fact that they were working in different companies of Vimla Fuels and Metals Ltd. of the same group and it has been pointed out that according to their convenience they were being transferred and allowed to re-join the another sister company. 9. In the attending facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioners, hence, the prayer for anticipatory bail of the petitioners are hereby dismissed. 10. Pending petitions, if any, are also disposed of. (Sanjay Kumar Dwivedi, J.) Dated 15.06.2026 Sangam/