Rajesh Mallik @ Rajesh vs The State Of Jharkhand. ... ... Opposite ...
2025 Latest Caselaw 5342 Jhar

Jharkhand High Court

Rajesh Mallik @ Rajesh vs The State Of Jharkhand. ... ... Opposite ... on 30 April, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                            2025:JHHC:13155


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           A.B.A. No.2514 of 2025
                                     ------
     Rajesh Mallik @ Rajesh, son of Ranbeer Singh, resident of Riwada-
     70, P.O. Riwada, P.S. Gohana, District Sonipat, Haryana.
                                                        ... ... Petitioner
                                    Versus
     The State of Jharkhand.                       ... ... Opposite Party
                                     ------
                      CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Manoj Prasad, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P.

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05/ 30.04.2025

This anticipatory bail application under Section 482 of

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

preferred by the petitioner apprehending his arrest in connection

with Simdega P.S. Case No.142 of 2024, for offences under Section

25(9) of the Arms Act and Sections 110, 125, 289, 270, 223 and

3(5) of the Bharatiya Nyaya Sanhita, 2023. The case is presently

pending before the Court of learned Chief Judicial Magistrate,

Simdega.

2. The allegation against the petitioner is that he in a

drunken state while on election duty has fired from his firearm.

3. From the record, it is clear that the petitioner was taken

to the police station. His blood sample was taken and thereafter he

was not arrested.

4. During argument, learned A.P.P. submits that he had

taken specific instructions from the Investigating Officer who

stated that the petitioner has complied with the notice under

Section 35(3) of the BNSS, statement of the petitioner has also

been recorded and there is no necessity to take him into custody

2025:JHHC:13155

as custodial interrogation during investigation is not necessary.

5. Considering the aforesaid fact, this anticipatory bail

application is disposed of with a direction to the petitioner to

appear before the Court concerned, who will consider the aforesaid

fact and pass the appropriate order in accordance with law and

considering the judgment of the Hon'ble Supreme Court in the case

of Satender Kumar Antil vs. Central Bureau of Investigation

& Another, reported in 2022 (10) SCC 51, Satender Kumar

Antil vs. Central Bureau of Investigation & Another, reported

in 2024 (9) SCC 198 and Arnesh Kumar Vs. State of Bihar &

Anr. reported in (2014) 8 SCC 273.

(ANANDA SEN, J.) Prashant. Cp-3