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2026 DAILYLAW 8542 (JHR)

RAJESH PRASAD v. THE STATE OF JHARKHAND

A.B.A./626/2026 · 2026-02-05

Sanjay Kumar Dwivedi

Writ Petition (Civil)body2026

Judgment text

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( 2026:JHHC:3028 ) -1- A.B.A. No. 626 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 626 of 2026 Rajesh Prasad, aged about 50 years, S/o Ramji Prasad, R/o Ward No.13, Bajaj Road, Daudnagar, P.O. & P.S. Daudnagar, District- Aurangabad, Bihar … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Amit Kumar Chaturvedi, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. ----- 02/05.02.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Daltonganj (Town) P.S. Case No.373 of 2023, registered for the offence under Sections 406, 409, 420 of the BNS and Section 7 of Essential Commodities Act, pending in the Court of the learned Chief Judicial Magistrate, Palamau. 3. Learned counsel appearing for the petitioner submits that the petitioner is happened to be a rice miller. He further submits that 83% of the work relating to the agreement with regard to supply of rice has already been completed by the petitioner. He then submits that the Government of Jharkhand is required to pay approximately Rs.5 Crores to the petitioner, whereas, the allegation is made that the work of around Rs.2 Crores are not done by the petitioner. He next submits that for payment of the dues, the petitioner has approached this Court in W.P.(C) No.3415 of 2024, which has been disposed of vide order dated 10.01.2025 directing the State to decide the representation of the petitioner, however, the State has not decided the same as yet. He also submits that even the cost of Rs.50,000/- was imposed upon respondent no.3 in the said writ petition by the Division Bench. He ( 2026:JHHC:3028 ) -2- A.B.A. No. 626 of 2026 further submits that another rice miller with regard to same FIR has been granted anticipatory bail by a Coordinate Bench of this Court in A.B.A. No.1039 of 2024. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of not completing the work of around Rs.2 Crores. 5. Considering that the petitioner is claiming dues of around Rs.5 Crores from the Government of Jharkhand, which has not been paid as yet and for that, the petitioner has also approached this Court by way of filing the aforesaid writ petition and in light of the direction of the Division Bench of this Court, till date representation of the petitioner has not been decided and it has been pointed out that certificate case is also going on and in identical situation, another rice miller has been provided anticipatory bail in A.B.A. No.1039 of 2024 and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three 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, Palamau in connection with Daltonganj (Town) P.S. Case No.373 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 5th February, 2026 Ajay/