( 2026:JHHC:1952 ) -1- A.B.A. No. 357 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 357 of 2026 Md. Irshad Ahmed @ Irshad Ahmed, aged about 50 years, son of Late Basir Ahmed, resident of Village- Rasoiya Dhamna, P.O. & P.S. Barhi, District- Hazaribag … Petitioner -Versus- 1. The State of Jharkhand 2. Awanti Devi, W/o Binod Swarnkar, R/o Village Kariyatpur, P.O. Barsot, P.S. Barhi, District- Hazaribagh … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Azeemuddin, A.P.P. ----- 02/27.01.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.1527 of 2022, registered for the offence under Sections 323, 341, 420, 406, 506/34 of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate, 1st Class, Hazaribag. 3. Learned counsel appearing for the petitioner submits that the petitioner has entered into an agreement with the complainant for selling of a piece of land. He further submits that advance of Rs.2,90,000/- was given to the petitioner. He then submits that other ancestral members have also claimed the said land and in view of that, the sale was not materialized. He next submits that the petitioner has already issued a cheque of the aforesaid amount in favour of the complainant. He also submits that the petitioner has got no criminal antecedent, as disclosed in paragraph 12 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that the matter is arising out of the complaint case. ( 2026:JHHC:1952 ) -2- A.B.A. No. 357 of 2026 5. Considering that the matter is arising out of the complaint case and it has been pointed out that the petitioner has already returned the said amount to the complainant by issuing a cheque, however, it is not clear as to whether the said cheque is encashed by the complainant or not and in that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions and sureties as the learned Court may deem fit and proper. 6. Accordingly, this application is disposed of. (Sanjay Kumar Dwivedi, J.) Dated: 27th January, 2026 Ajay/