2026:JHHC:10396 --1-- A.B.A. No. 1536 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1536 of 2026 ---- Harish Chandra Tiwary, aged 52 years S/o- Lt Lok Nath Tiwary, R/O- Kishore Ganj, Harmu Road, P.O.- G.P.O P.S.- Kishorganj, District- Ranchi. .... Petitioner -- Versus -- 1. The State of Jharkhand 2. Jayant Kumar @ Jayant Tiwary, S/o Late Rabindra Nath Tiwary R/o CD-733 Sector-2 HEC Colony, Dhurwa, Ranchi- 834004. .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vishal Kr. Tiwary, Advocate For the State :- Mr. Sunil Kumar Dubey, A.P.P. ---- 02/10.04.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Jagarnathpur P.S. Case No.388 of 2023 for the alleged offences registered under Sections 406/ 420/ 468 of Indian Penal Code, pending in the Court of learned J.M. Ranchi. 3. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case and allegations are made of taking Rs.11,00,000/- and not executing the sale deed. He draws the attention of the Court to the agreement contained at page 21 of the anticipatory bail application and submits that the name of Jayant Tiwary has been inserted later on and even the said Jayant Tiwary has become the informant. He further submits that if 2026:JHHC:10396 --2-- A.B.A. No. 1536 of 2026 a case is made out that is specific performance and the limitation is there of filing of specific performance case within three years and after lapse of three years the present FIR has been lodged. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of taking money and not executing the sale deed. 5. In the agreement contained at page No.21 of the petition, prima facie it appears that the name of the Jayant Tiwary has been inserted and the agreement is signed by Jayant Kumar not by Jayant Tiwary. If the agreement was not being fulfilled the remedy was to file specific performance suit, however, after three years the present FIR has been lodged. In the attending facts and circumstances of this case, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 10.04.2026 Simran/