Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 24080 (JHR)

PRASHID NARAYAN MISHRA @ PARSHIDH NARAYAN MISHRA v. THE STATE OF JHARKHAND

A.B.A./3515/2026 · 2026-08-27

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:25779 ) -1- A.B.A. No. 3515 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3515 of 2026 Prashid Narayan Mishra @ Parshidh Narayan Mishra, aged about 38 years, son of Sri Chandrakant Mishra, resident of Ward No.5, Narhi, P.O. Dighlu, P.S. Dulhin Bazar, Patna, District- Patna, State- Bihar … Petitioner -Versus- 1. The State of Jharkhand 2. Pawan Kumar Soni @ Pawan Kumar, S/o Umashankar Prasad, R/o Bharamtoli, P.O. & P.S. Bariayatu, District- Ranchi … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Binod Kumar Dubey, Advocate Mr. Vijay Kumar Sharma, Advocate For the State : Mrs. Ruby Pandey, A.P.P. For O.P. No.2 : Mr. Shyam Sundar Prasad Kushwaha, Advocate ----- 06/27.08.2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the opposite party no.2-informant. 2. Learned counsel appearing for the petitioner submits that the rejoinder to the counter affidavit filed by opposite party no.2 is ready, however, the same has not been filed in the Registry as the matter is on the board. 3. In view of such submission, the said rejoinder to the counter affidavit is taken on record. 4. The petitioner is apprehending his arrest in connection with Bariyatu P.S. Case No.298/2025, registered for the offence under Sections 316(2), 318(4), 338, 336(3), 340(2), 352, 351(2) of the BNS, 2023, pending in the Court of the learned Judicial Magistrate, XXIst Ranchi. 5. Learned counsel appearing for the petitioner submits that the dates of occurrence in terms of the FIR are 01.03.2024 and 04.04.2024. He next submits that only Rs.5,56,000/- by phone pay has been paid to the petitioner. ( 2026:JHHC:25779 ) -2- A.B.A. No. 3515 of 2026 He then submits that it is further stated in the FIR that the informant has received Rs.2,85,900/-, which has been returned by the petitioner. He also submits that execution of the sale-deed was not made as the entire consideration amount was not paid. He further submits that the petitioner is further ready to return Rs.2,70,100/- to the informant at the time of furnishing bail bond by the petitioner. He next submits that the matter is arising out of an agreement and since the entire consideration amount has not been paid, the execution of deed was not made. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioner. 6. Learned counsel appearing for the State and informant jointly opposed the prayer and submit that money has been taken and in spite of that, execution of deed has not been made. Learned counsel appearing for the informant further adds that the informant has paid about Rs.10,34,000/- and the informant has been cheated by the petitioner and in view of that, anticipatory bail may kindly be rejected. 7. In the FIR itself, it has been admitted that the petitioner has refunded the amount of Rs.2,85,900/- to the informant. Further, Rs.5 Lakhs and odd has been paid and that has been stated in the FIR. The petitioner is ready to return the amount of Rs.2,70,100/- to the informant at the time of furnishing bail bond. The matter is arising out of an agreement. Prima facie, it transpires that execution of deed was not made as entire consideration amount was not paid. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 8. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of ( 2026:JHHC:25779 ) -3- A.B.A. No. 3515 of 2026 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 Judicial Magistrate, XXIst, Ranchi in connection with Bariyatu P.S. Case No.298/2025 with one of the condition that the bank draft of Rs.2,70,100/- shall be handed over to the informant by the petitioner at the time of furnishing bail bond and further subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 27th August, 2026 Ajay/