Jharkhand High Court
Piyush Ghosal @ Piyush Ganguli vs The State Of Jharkhand .... Opposite ... on 5 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:21931
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 3712 of 2025
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Piyush Ghosal @ Piyush Ganguli, aged about 19 years, son of
Late Prakash Ganguli, resident of Bagda, near Madhya
Vidyalaya, PO - Bagda, PS - Kasmar, District - Bokaro,
Jharkhand .... Petitioner
-- Versus --
The State of Jharkhand .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Nikhilesh Kr. Chatterjee, Advocate
:- Mr. Shiv Prasad, Advocate
For the State :- Mr. P.C. Sinha, Advocate
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08/05.08.2025 Heard learned counsel appearing for the petitioner as well
as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with
Argora P.S. Case No.15 of 2025 dated 18.01.2025 for the alleged
offences registered under Sections 316(2), 318(3) and 3(5) of
Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned
Judicial Magistrate, 1st Class, Ranchi.
3. Learned counsel appearing for the petitioner submits that
allegations are made of paying Rs.12,40,000/- by the informant,
however, no amount has been received by the petitioner and the
false allegations have been made against the petitioner. He further
submits that in the course of searching job, the petitioner came to
the hostel of the informant as paying guest and during course of
2025:JHHC:21931
stay in the hostel the informant taken the petitioner under his grip
and thereafter the informant himself blackmailing the petitioner by
different ways. He submits that the petitioner has received notice
under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023
and pursuant to that the petitioner has appeared before the Officer
In-charge. He submits that in light of the order of co-ordinate Bench
dated 31.07.2025 supplementary affidavit has been filed wherein
the petitioner himself sworn the said affidavit and has stated that
the petitioner has appeared before the Argora Police Station on
28.07.2025 at 10:30 AM and the petitioner was kept in Hazat of the
said police station till 8:00 PM on 28.07.2025 and on interference by
the family members he has been released by the Officer In-charge.
He submits in paragraph No.7 of the supplementary affidavit
allegations are also made that the assault has also been made by
the police against the petitioner. He submits that the investigation is
still going on and charge-sheet has not been submitted as yet.
4. Learned counsel appearing for the State opposes the prayer
and submits that the allegations are there and the contents of
supplementary affidavit has not been brought into the knowledge of
higher authority.
5. Considering that allegations are made of handing over
Rs.12,40,000/- to the petitioner which has been denied by the
petitioner and further it is stated that the informant himself is
blackmailing the petitioner and the affidavit sworn by the petitioner
2025:JHHC:21931
it is clearly stated that he has appeared before the concerned police
station after receiving the notice under Section 35(3) of Bharatiya
Nagarik Suraksha Sanhita, 2023. In that view of the matter and
considering the judgment of Hon'ble Supreme Court in the case of
Satender Kumar Antil Versus Central Bureau of
Investigation & Anr., reported in (2022) 10 SCC 51 the
petitioner is directed to surrender before the learned Court and the
learned Court will release the petitioner on the sureties as may be
deemed fit and proper by the learned Court.
6. This petition is allowed in above terms and disposed of.
(Sanjay Kumar Dwivedi, J.)
Sangam/
