Pradeep Linda vs The State Of Jharkhand ..... Opposite ...
2025 Latest Caselaw 4982 Jhar

Jharkhand High Court

Pradeep Linda vs The State Of Jharkhand ..... Opposite ... on 21 April, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                   2025:JHHC:11755




                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                A.B.A. No. 2440 of 2025


         Pradeep Linda, S/o late Karlus Linda, R/o Mariyam Toli, Depugaraha, PO:
         Korrah, PS: Sadar, District Hazaribagh              ..... Petitioner(s).
                                              Versus
         The State of Jharkhand                            ..... Opposite Party
                                              ------

                       CORAM       :     SRI ANANDA SEN, J.

------

For the petitioner(s) : Mr. Dhirendra KR. Prasad, Advocate For the State : Mr. Sanjay Kumar Srivastava, APP

-----

02/21.04.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in a criminal case registered for the offences punishable under sections 420, 467,468, 471, 120(B) of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Hazaribag.

2. Heard the learned counsel for the petitioner and the learned counsel for the State.

3. Learned APP opposes the prayer for anticipatory bail.

4. The allegation in the compliant which was later on registered as an FIR is that the accused no.1 had sold the ancestral property to accused no.3.

5. From the complaint I find that the complainant and the accused no.1 are the brothers as their parentage are same. Further from paragraphno.6 of the complaint it is clear that the accused no. 1 had sold 16 decimals of land to accused no.2 and, thereafter, 6 decimals of land to accused no.3. The present petitioner is none but the purchaser of the land, which the complainant claims to have been illegally sold by accused no. 1.

6. Considering the relationship between the complainant and the accused no.1 and the facts that the accused no.3 (petitioner herein) is none but the purchaser of the land and the allegation that a portion of the joint property have 2025:JHHC:11755

been sold, I am inclined to release this petitioner on anticipatory bail.

7. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest the learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hazaribag in connection with Hazaribag Sadar PS Case No. 04 of 2020, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property.

(ANANDA SEN, J. )

KNR/ 2025:JHHC:11755

2025:JHHC:11830 IN THE HIGH COURT OF JHARKHAND AT RANCHI

1. Ruplal Rana, S/o late Mital Rana

2. Mahesh Rana, S/o Rooplal Rana

3. Vijay Rana @ Bijay Kumar, S/o Ruplal Rana Petitioner nos. 1 to 3 are residents of village Gaida, Gaira PO- Chuglamo, PS Barkattha, District Hazaribagh.

4. Raju Rana, S/o Vasudev Rana, R/o village Kolhuwakala, PO: Telaiyadam, Kolhua Kalan, PS Telaiya Dam, District Hazaribag. ..... Petitioner(s).

Versus

1. The State of Jharkhand

2. Baleshwar Rana, S/o late Pachu Rana, R/o village Gainda, PO & PS: Barkatha, District Hazaribag ..... Opposite Parties

------

                        CORAM         :     SRI ANANDA SEN, J.
                                                 ------
                 For the petitioner(s) :    Mr. Randhir Kumar, Advocate;
                                            Ms. Pinki Kumari, Advocate
                 For the State        :     Mr. Pankaj Kumar Mishra, APP
                                                   -----
02/21.04.2025:          This is an application filed by the petitioners praying for grant of

anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioners have been allegedly implicated in a criminal case registered for the offences punishable under sections 147,148,149,323,420,406,467,468,504, 506, 380,451,452 and 120B/34 of the Indian Penal Code, in connection with Complaint Case No. 1635 of 2024, pending in the court of Judicial Magistrate, 1st Class, Hazaribag.

2. Heard the learned counsel for the petitioners and the learned counsel for the State.

3. The learned APP opposes the prayer for anticipatory bail.

4. The present case arises out of the complaint and cognizance has already been taken. When the cognizance has been taken and the petitioners have been summoned, there is no apprehension of arrest. The petitioners have to appear before the trial court which has issued summons. Further, since the case arises out of complaint, there is no question of investigation.

5. Accordingly, this anticipatory bail application stands disposed of. The petitioners are directed to surrender before the learned court below who will consider his case as per law.

2025:JHHC:11755

(ANANDA SEN, J. ) KNR/ 2025:JHHC:11755

2025:JHHC:11779 IN THE HIGH COURT OF JHARKHAND AT RANCHI

1.Jagdish Roy, S/o late Maghe Roy

2. Khelawan Roy @ Ramkhelawan Roy, S/o late Jagan Roy

3. Kishun Roy, S/o late Bijli Roy All R/o village- Baishki, Ratanpur, PO & PS: Satgawan, District Koderma.

..... Petitioner(s).

Versus The State of Jharkhand .... Opposite Party

------

                       CORAM :            SRI ANANDA SEN, J.
                                                 ------

For the petitioner(s) : Ms. Pinki Kumari, Advocate.

                For the State          : Mr. Rakesh Ranjan, APP
                                                 -----
02/21.04.2025:         This is an application filed by the petitioners praying for grant of

anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioners have been allegedly implicated in a criminal case registered for the offences punishable under sections 274,275, 3(5) of Bharatiya Nyaya Sanhita, 2023 and section 47(a) of Excise Act, in connection with Satgawan PS Case No. 96 of 2024, pending in the court of Judicial Magistrate, 1st Class, Koderma.

2. The learned counsel for the petitioners at the very outset seeks permission to withdraw this application on the ground that the offence being the first time and the same is bailable in nature. He also submits that in view of judgment rendered by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51 as well as the observation made in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2024(9) SCC 198, the petitioners will surrender in the learned court below.

3. Considering his submissions, this application is allowed to be withdrawn.

4. Accordingly, the present anticipatory bail application is dismissed as withdrawn.

(ANANDA SEN, J. ) KNR/ 2025:JHHC:11755

2025:JHHC:11796 IN THE HIGH COURT OF JHARKHAND AT RANCHI

Santosh Ram, S/o Arjun Ram, R/o village- Gumo, Ward No. 11, PO: Gumo, PS Telaiya, District Koderma ..... Petitioner(s).

Versus

1.The State of Jharkhand

2. Asgari Khatun, W/o Kamal Uddin, R/o village Chalkusha, PO & PS:

Chalkusha, District Hazaribagh .... Opposite Parties

------

                      CORAM :          SRI ANANDA SEN, J.
                                             ------

For the petitioner(s) : Ms. Pinki Kumari, Advocate.

               For the State         : Mr. Satish Prasad, APP
                                             -----

02/21.04.2025:        This is an application filed by the petitioners praying for grant of

anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in a criminal case registered for the offences punishable under section 420 of the Indian Penal Code.

2. Heard the learned counsel for the petitioner and the learned counsel for the State.

3. The learned APP opposes the prayer for anticipatory bail.

4. Admitted fact is that the case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence.

5. The impugned order does not suggest any of the aforesaid situation.

Thus, in a complaint case, since there is no necessity of custodial interrogation, I am inclined to release this petitioner on anticipatory bail.

6. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest the learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of 2025:JHHC:11755

the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Koderma in connection with Complaint Case No. 738 of 2022, subject to the condition that one of the bailers should be close relative of the petitioner and another should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property.

(ANANDA SEN, J. ) KNR/ 2025:JHHC:11755

2025:JHHC:11845 IN THE HIGH COURT OF JHARKHAND AT RANCHI

Lakhan Sao, S/o Late Mangal Sao, R/o Dugdha Basti, PO and PS-Dugdha, Distt.-Bokaro, Jharkhand ..... Petitioner(s).

Versus The State of Jharkhand .... Opposite Party

------

                      CORAM :            SRI ANANDA SEN, J.
                                               ------

For the petitioner(s) : Mr. Santosh Kumar, Advocate.

                For the State         : Mr. Rakesh Ranjan, APP
                                               -----

02/21.04.2025:         This is an application filed by the petitioner praying for grant of

anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in a criminal case registered for the offences punishable under section 379/411 of the Indian Penal Code in connection with Dugdha PS Case No. 07 of 2022, corresponding to GR No. 164 of 2022, pending in the court of learned S.D.J.M., Bermo at Tenughat.

2. Heard the learned counsel for the petitioner and the learned counsel for the State.

3. The learned APP opposes the prayer for anticipatory bail.

4. It is alleged that theft occurred in the school and several iron pipes have been stolen. One of the co-accused discloses that he along with this petitioner had committed the theft in the said school.

5. The learned counsel for the petitioner submits that save and except confessional statement of co-accused, there is no material on record against the petitioner.

6. From the impugned order it appears that the petitioner has instigated the co-accused to commit theft in the school and demanded Rs. 41,000/- for helping them and also accepted Rs. 5,000/- as advance. Therefore, I am not inclined to release the petitioner on anticipatory bail. Hence, it is dismissed.

(ANANDA SEN, J. ) 2025:JHHC:11755

KNR/

.