M/S BIHAR FOUNDRY AND CASTING LTD THROUGH ITS REPRESENTATIVE DHIRAJ KUMAR CHATURBEDI v. STATE OF JHARKHAND
Cr.M.P./3025/2025 · 2026-04-20
Anil Kumar Choudhary
body2026
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[ 2026 DAILYLAW 8602 (JHR) · dailylaw.ai ]
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[ 2026 DAILYLAW 8602 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:11632 )
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Cr. M.P. No.3025 of 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3025 of 2025
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M/s Bihar Foundry and Casting Ltd., through its authorized representative, Dhiraj Kumar Chaturbedi, aged about 37 years, son of Ramshabd Chaturbedi, Resident of Village Bamunara Kansa, P.O. & P.S.-Bamunara, District-Bardhaman, West Bengal.
… Petitioner
Versus The State of Jharkhand
… Opposite Party
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For the Petitioner : Mr. Ranjeet Kushwaha, Advocate For the State
: Mr. Pankaj Kumar, P.P.
------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY I.A. No.5055 of 2026 Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with the prayer for early hearing of the instant Cr.M.P. Since, the hearing of instant Cr.M.P. is taken up today, hence, this interlocutory application stands disposed of being infructuous.
(Anil Kumar Choudhary, J.)
Cr.M.P. No.3025 of 2025 By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer to modify the order dated 11.07.2025 passed in Miscellaneous Criminal Application No.981 of 2025 which was filed for modification of
( 2026:JHHC:11632 )
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Cr. M.P. No.3025 of 2025
the order dated 13.06.2025 passed in the said case by the learned Chief Judicial Magistrate, Ramgarh; which prayer was rejected.
3.
Learned counsel for the petitioner submits that the petitioner through Dhiraj Kumar Chaturbedi filed MCA No.981 of 2025 with the prayer for release of the truck which was seized in connection with Ramgarh P.S. Case No.98 of 2025 and the same was allowed with the condition that upon the petitioner before the learned CJM, Ramgarh being Dhiraj Kumar Chaturbedi furnishing indemnity bond of Rs.22 lakhs with one guarantor for release of the truck and one guarantor must be the director of the registered owner, which is a company in the name and style of M/s Bihar Foundry and Casting Ltd., who is the petitioner before this court. It is next submitted that the petitioner instead of furnishing indemnity bond, filed a petition to modify the said order on the ground that the Directors of the company are residing in different states and if they leave their business places, they will suffer irreparable loss and the same ground did not find favour with the learned CJM, Ramgarh, hence, the learned CJM, Ramgarh dismissed the said prayer to modify the order dated 13.06.2025 for release of the truck. It is next submitted that the Directors of M/s Bihar Foundry and Casting Ltd., are renowned businessmen and they have so many rivals in the locality as such they have apprehension of loss and damage to them, if they appear before the trial court, due to which they are not in position to stand security in the case. It is lastly submitted that the prayer as prayed for by the petitioner in this Cr.M.P., be allowed. ( 2026:JHHC:11632 )
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Cr. M.P. No.3025 of 2025
4. Learned P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P and submits that the ground agitated in this criminal miscellaneous petition involves a disparaging remark regarding the law and order situation in Jharkhand in general and the premises of the Civil Court at Ramgarh in particular. It is then submitted that such apprehensions are confounded, as no such law-and-order situation exists anywhere in Jharkhand that if someone comes in Jharkhand, he will be killed or any harm will be caused to him, hence, this contention of the petitioner is a frivolous one. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed. 5.
Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the sole ground of the petitioner challenging the impugned order is that if any Director of the M/s Bihar Foundry and Casting Ltd., who are renowned businessmen comes to the Court of learned CJM at Ramgarh, within the local limits of jurisdiction of which the said company is carrying out its operation, then they have apprehension of loss and damage being caused to them. This Court has no hesitation in holding that such apprehension of the petitioner is unfounded and cannot be a ground to quash the otherwise reasonable
order passed by the learned Chief Judicial Magistrate, Ramgarh. There is no such law-and-order situation in the premises of Civil Court, Ramgarh or Ramgarh Town that if someone comes there, he will be suffering any
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Cr. M.P. No.3025 of 2025
loss or damage. Therefore, this Court do not find any justifiable reason to interfere with the impugned order in exercise of the power under Section 528 of BNSS, 2023.
6. Accordingly, this Cr.M.P., being without any merit, is dismissed.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 20th of April, 2026 AFR/ Abhiraj
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