Md. Danish vs The State Of Jharkhand
2025 Latest Caselaw 460 Jhar

Jharkhand High Court

Md. Danish vs The State Of Jharkhand on 1 July, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                        2025:JHHC:17343
                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     A.B.A. No. 3459 of 2025
                                            -----
         Md. Danish, S/o Md. Tanveer Alam, R/o Idgah Mohalla, Itki, P.O. and P.S. Itki,
         District- Ranchi, Jharkhand
                                                                   .... Petitioner(s).
                                                    Versus
         The State of Jharkhand
                                                                   ... Opp. Party(s)
                                                WITH
                                     A.B.A. No. 3474 of 2025
                                            -----
         Haris Ansari @ Harish Ansari, S/o Md. Rojit Ansari, R/o Gulam Tolli, Itki, P.O. and
         P.S. Itki, District- Ranchi, Jharkhand
                                                                   .... Petitioner(s).
                                                    Versus
         The State of Jharkhand
                                                                   ... Opp. Party(s)
                                            ------
                CORAM          :     SRI ANANDA SEN, J.

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         For the Petitioner(s)       : Mr. Nilesh Kumar, Advocate
         For the State               : Mr. Praful Jojo, AddI. P.P.
                                        Mr. Gautam Rakesh, AddI. P.P.
                                            .........

04/ 01.07.2025: Heard, learned counsel for the parties.

2. This is an application filed by the petitioner praying for grant of anticipatory bail under Sections 482 & 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 316(2), 318(4), 3(5) of B.N.S. in connection with Itki P.S. Case No.32 of 2025, pending in the Court of learned Judicial Magistrate, First Class, Ranchi.

3. The offence punishable is for maximum period of 7 years or less.

4. The allegation is that some agreement was made between the petitioners and accused persons in respect of sale of land, but the same did not materialized, thus, it has been alleged that the petitioners have cheated.

5. On query, learned counsel for the petitioners by referring to para 15 of the case-diary submits that petitioners have complied with notice under Section 35(3) of BNSS and appeared before the Investigating Officer. This fact has also been admitted by the learned A.P.P.

6. Since the petitioners have appeared before the I.O. and they have not been arrested and the offence punishable is for maximum period of 7 years or less, I am of the opinion that there is no apprehension of the petitioners being arrested. Without there being any apprehension of arrest, these petitioners have rushed to this Court. Thus, I direct these petitioners to appear before the concerned Court, who will pass an appropriate order in terms of the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in (2021) 10 SCC 773.

7. Accordingly, these anticipatory bail applications stand disposed of.

(ANANDA SEN, J.) R.S./