Bikram Dutta vs The State Of Jharkhand .... Opposite ...
2025 Latest Caselaw 3684 Jhar

Jharkhand High Court

Bikram Dutta vs The State Of Jharkhand .... Opposite ... on 20 August, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                       2025:JHHC:24351




                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                           A.B.A. No. 4542 of 2025
                                               ----

Bikram Dutta, aged about 33 years, son of Rohit Dutta, resident of village - Kumrih, PO - Chas, PS - Chas (M), District -

             Bokaro, Jharkhand                            .... Petitioner
                                        --       Versus   --
             The State of Jharkhand                       .... Opposite Party


                                               ----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner :- Md. Nasim Akhtar, Advocate For the State :- Mrs. Ruby Pandey, Advocate

----

04/20.08.2025 The petitioner is apprehending his arrest in connection with

Chas (M) P.S. Case No.55/2025, registered for the offence under

Sections 303(2), 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023

and Section 21 of the MMDR Act, 1957 and Rule 9 of Jharkhand

Minerals (PLMTS) Rules, 2017 and Section 30 of the Coal Act,

pending in the Court of the learned Judicial Magistrate, 1st Class,

Bokaro.

2. Learned counsel for the petitioner submits that the

petitioner is a daily wager and by way of daily work, he earns his

livelihood. He further submits that the petitioner has got no criminal

antecedent, as disclosed in paragraph 13 of this application. He

submits that in identical situation one of the co-accused has been

directed to surrender before the learned Court in ABA No.4176 of

2025 and in view of that same order may kindly be passed.

2025:JHHC:24351

3. Learned counsel for the State opposed the prayer and

submits that the petitioner has already received notice under

Section 35(3) of the Bharatiya Nagrik Suraksha Sanhita and in view

of that, the petitioner is required to move before the learned Court

on the strength of the judgment passed by the Hon'ble Supreme

Court in the case of Satender Kumar Antil v. Central Bureau of

Investigation and another, reported in (2022) 10 SCC 51.

4. In view of the above, the petitioner is directed to surrender

before the learned Court within two weeks from today and the

learned Court will release the petitioner on the terms and conditions

or sureties as the learned Court may deem fit and proper.

5. Accordingly, this application is disposed of.

(Sanjay Kumar Dwivedi, J.) Sangam/