Md. Arshad @ Md. Chand Ansari vs The State Of Jharkhand. ... ... Opposite ...
2025 Latest Caselaw 5200 Jhar

Jharkhand High Court

Md. Arshad @ Md. Chand Ansari vs The State Of Jharkhand. ... ... Opposite ... on 25 April, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                          2025:JHHC:12497


             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         A.B.A. No.2533 of 2025
                                  ------
     Md. Arshad @ Md. Chand Ansari, S/o Md. Habib Ansari, R/o
     Neem Talla Road, PO and PS Madhupur, District Deoghar,
     Jharkhand                                      ... ... Petitioner
                                  Versus
     The State of Jharkhand.                  ... ... Opposite Party
                                  ------
                     CORAM : SRI ANANDA SEN, J.

------

For the Petitioner(s) : Mr. Dhirendra Kr. Deo, Advocate.

     For the State           :   Mr. V. S. Sahay, A.P.P.
                                   -----
03/ 25.04.2025

           Heard the parties.

2. This anticipatory bail application under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been

preferred by the petitioner apprehending his arrest for offences

registered under Sections 333, 319(2), 318(4), 316(2) 352,

351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 in

connection with Madhupur PS Case No. 268 of 2024 pending in

the Court of learned ACJM, Madhupur.

3. Learned A.P.P. representing the State opposes the prayer

for anticipatory bail.

4. All the offences mentioned in the FIR is punishable for

the period which is less than seven years. There is nothing on

record to suggest that there is threat of arrest of this

petitioner. As per the judgment of the Hon'ble Supreme Court

in the case of "Arnesh Kumar vs. State of Bihar" reported in

(2014) 8 SCC 273, it is clear that if the accused who is

wanted in any criminal case in which offence punishable is less

than seven years, there is no necessity of immediate arrest if

2025:JHHC:12497 he cooperates with the investigation. There is nothing on record

to suggest that the petitioner is not cooperating with the

investigation. The petitioner also submits that he is cooperating

with the investigation and on notice he had also appeared

before the investigating officer. That being the fact, I find that

there is no material to suggest that the petitioner is having any

threat of arrest.

5. Considering the aforesaid facts, this anticipatory bail

application is not maintainable and is accordingly dismissed as

not maintainable.

(ANANDA SEN, J.)

Tanuj/Cp-3