Prashant Paul vs The State Of Jharkhand. ... ... Opposite ...
2025 Latest Caselaw 822 Jhar

Jharkhand High Court

Prashant Paul vs The State Of Jharkhand. ... ... Opposite ... on 15 July, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                             2025:JHHC:19165


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          A.B.A. No. 3571 of 2025
                                    ------
     Prashant Paul, aged about 42 years, S/o Supal Chandra, R/o
     Chinchuria Barddhaman Nuni, West Bengal 713341, P.O. Nuni and
     P.S. Barabani, District- Pashim Barddhaman (W.B.)
                                                       ... ... Petitioner
                                   Versus
     The State of Jharkhand.                      ... ... Opposite Party
                                    ------
                      CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Adiya Tiwari, Advocate For the State : Mr. Prabir Kumar Chatterjee, A.P.P.

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04/ 15.07.2025

Heard the parties.

2. This anticipatory bail application under Sections 482 of

the Bharatiya Nagrik Suraksha Sanhita, 2023, has been preferred

by the petitioner apprehending his arrest in connection with Nala

P.S. Case No.65 of 2024, for offences under Sections 414, 34 of the

Indian Penal Code, 1860 and 21/4 of M.M.D.R. Act and 30(ii) of the

Coals Mines Act. The case is presently pending before the Court of

learned S.D.J.M.-cum-Judge-in-Charge, Jamtara.

3. The learned counsel for the petitioner submits that he has a

valid document to suggest that way back in 2012, the vehicle, i.e.

the motorcycle was sold to Prabhat Sadhu son of Sadhan Sadhu.

4. This is case of transportation of coal in a motorcycle, which

the petitioner claims that he has sold the same.

5. Learned APP submits that since the police did not want to

arrest the petitioner, I.O. issued notice to the petitioner so that his

defense can be considered but surprisingly in spite of the notice,

the petitioner has not appeared. He submits that till date warrant

has not yet been issued.

2025:JHHC:19165

6. What the petitioner is submitting before this Court in

respect of sale of the motorcycle is a matter to be investigated by

the police.

7. Further, issuance of a notice under Section 35(3) of the

BNSS, suggest that the police does not want to arrest the petitioner.

The petitioner, thus should cooperate with the investigation and

appear before the police, rather than approaching this Court for

filing anticipatory bail application, as in my opinion, there is no

imminent threat of arrest of petitioner. Once, the petitioner appears

before the police and cooperate in the investigation thereafter he

should appear before the concerned court to take appropriate steps

in term of the judgment of the Hon'ble Supreme Court.

8. With the aforesaid observation, this Anticipatory Bail

Application stands disposed of.

(ANANDA SEN, J.)

Sandeep. Cp-3