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2026 DAILYLAW 23563 (JHR)

JAMES KUMAR KASHYAP v. THE STATE OF JHARKHAND

A.B.A./4626/2026 · 2026-08-20

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:24460 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4626 of 2026 James Kumar Kashyap, aged about 47 years, son of Sri Raj Kishor Sahu, resident of village-Sahu Chowk, Pundag, P.O. Pundag, P.S. Jagarnathpur, District-Ranchi ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Jitendra Shankar Singh, Sr. Advocate Mr. M.B. Lal, Advocate Mr. Avilash Kumar, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P. For the Informant : Mr. Rishu Ranjan, Advocate 02/ 20.08.2026: Heard learned senior counsel for the petitioner and learned counsel for the State and learned counsel for the informant. 2. The petitioner is apprehending his arrest in connection with Jagarnathpur P.S. Case No. 129 of 2026, registered under sections 406, 420, 468 of I.P.C, pending in the Court of learned Judicial Magistrate, Ist Class, Ranchi. 3. Learned senior counsel for the petitioner submits that petitioner happens to be owner of the land in question and allegations are made that the petitioner has entered into development agreement with builder who is the informant concealing the fact that first appeal is pending before the High Court. He next submits that case has been registered on 30.05.2026 however it has been registered under the sections of Indian Penal Code inspite of BNS. He next submits that in the agreement dated 19.01.2019 clause-IV clearly mentioned that after passing of map from the competent authority the informant will complete the development work within four years. He further submits that even the map has been sanctioned by the Ranchi Regional Development Authority on 08.02.2021 and thereafter the builder has stopped the construction work of the building. He further submits ( 2026:JHHC:24460 ) that the sanction map was valid till 21.04.2023. He submits that if any case is made out that is civil in nature however, criminal case has been lodged against the petitioner. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsels for the State and informant jointly oppose the prayer and submit that the petitioner by suppressing the pendency of first appeal has entered into agreement and in view of that criminality is made out. 5. The matter is arising out of development agreement. The map has been sanctioned by the Ranchi Regional Development Authority on 08.02.2021 and the said map was valid till 21.04.2023. The petitioner happens to be owner of the land in question. The builder has instituted the F.I.R. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Ranchi, in connection with Jagarnathpur P.S. Case No. 129 of 2026, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.20.08.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-