Jharkhand High Court
Kishun Vishwakarma vs The State Of Jharkhand on 10 July, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:18608
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3667 of 2025
1. Kishun Vishwakarma, son of late Lato Mistri
2. Suraj Vishwakarma, son of late Shankar Vishwakarma
Both are residents of village Gumo Barwadih, Ward No. 20, P.O Gumo, P.S.
Telaiya, District- Koderma, Jharkhand. ...... Petitioner(s).
Versus
1. The State of Jharkhand
2. Kuldeep Verma son of Bahadur Verma, resident of Damobir Mohalla, Gumo,
Ward No. 20, P.O andP.S. Jhumri Telaiya, Koderma. ... Opp. Party(s).
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Sanjay Kr. Pandey, Advocate.
For the State : Mr. Saket Kumar, A.P.P.
........
06/10.07.2025: Defect(s) as pointed out by the office, is ignored for the present.
2. Heard the parties.
3. This anticipatory bail application under Section(s) 482 and 484 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the
petitioners apprehending their arrest for offences registered under Sections 420
of the Indian Penal Code in connection with Complaint Case No. 2273 of 2023,
pending in the Court of learned Chief Judicial Magistrate, Koderma.
4. During course of argument, it has been submitted by the learned counsel
for the petitioner that this case arises out of complaint and after cognizance has
been taken, the petitioner has approached this Court for grant of anticipatory bail
on receipt of summons.
5. Learned A.P.P. opposes the prayer for anticipatory bail
6. Admittedly since the case arises out of a complaint and cognizance has
already been taken thus this case will fall within the category-A of the situations
categorized by the Hon'ble Supreme Court in the case of "Satender Kumar
Antil vs. Central Bureau of Investigation and Another" reported in (2021) 10
SCC 773. As per the Hon'ble Supreme Court the following course of actions
should be taken by the Court concerned in case of category-A offences:
"Category A
After filing of charge-sheet/complaint taking of cognizance
(a) Ordinary summons at the 1st instance/including permitting
appearance through lawyer.
(b) If such an accused does not appear despite service of summons,
then bailable warrant for physical appearance may be issued.
(c) NBW on failure to appear despite issuance of bailable warrant.
(d) NBW may be cancelled or converted into a bailable
warrant/summons without insisting physical appearance of the
accused, if such an application is moved on behalf of the accused
before execution of the NBW on an undertaking of the accused to
appear physically on the next date/s of hearing.
(e) Bail applications of such accused on appearance may be decided
without the accused being taken in physical custody or by granting
interim bail till the bail application is decided."
7. Considering the aforesaid judgment of the Hon'ble Supreme Court, the
petitioner should appear before the court concerned and file necessary bonds
subject to the satisfaction of the court concerned.
8. Accordingly, this Anticipatory Bail Application stands disposed of.
Anu/-C.P.-3 (ANANDA SEN, J.)
