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2026 DAILYLAW 17009 (JHR)

AVINASH KUMAR GUPTA v. THE STATE OF JHARKHAND

A.B.A./3161/2026 · 2026-06-18

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:17682 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3161 of 2026 ------ Avinash Kumar Gupta, aged about 39 years, son of Rajendra Gupta, resident of Village Dol, P.O. Dol, P.S. Chiniya Kundi, District Garhwa, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Rajeev Ranjan Tiwari, Advocate For the State : Mr. Anuj Kumar Trivedi, A.P.P. ------ 02/18.06.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Garhwa P.S. Case No. 27 of 2026, registered for the offence under Sections 316(5), 318(4) and 61(2) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Chief Judicial Magistrate, Garhwa. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and only because one Nitish Kumar Yadav, who used to utilize the Pragya Kendra of the petitioner for different work including transferring of the money. He submits that not even a single Pai has been credited or taken by the petitioner from the ladies and the allegations are there that Nitish Kumar Yadav has fraudulently taken Rs.66,10,441/- from 25 females and Nitish Kumar Yadav has also accepted the liability and assured to return the amount however, the said amount has not been returned and that has also come in the order of the learned Sessions Judge. He also submits that the petitioner is having no criminal antecedent as disclosed in para 9 of the petition. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that Pragya Kendra of the petitioner was used by Nitish Kumar Yadav in siphoning of the money and in view of that he submits that the anticipatory bail may kindly be rejected. 5. From the FIR, it transpires that the allegations are there against Nitish Kumar Yadav of siphoning the said amount of the females and the petitioner is running a Pragya Kendra and only allegation is there that the said Pragya Kendra was utilized for different work by Nitish Kumar Yadav 2026:JHHC:17682 and allegation of taking money are not there against the petitioner and further in the FIR itself, it has come that Nitish Kumar Yadav has accepted the liability and also assured to return the amount, however, the amount has not been returned and in para 9 of the petition, it has been stated that the petitioner is having no criminal antecedent, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned court within two 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 Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case No. 27 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 19.06.2026