Mahesh Kumar vs The State Of Jharkhand
2025 Latest Caselaw 3874 Jhar

Jharkhand High Court

Mahesh Kumar vs The State Of Jharkhand on 12 June, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                               2025:JHHC:15265


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           A.B.A. No.6567 of 2024
                                     ------
     Mahesh Kumar, S/o Vijay Mandal, R/o Village Jaganathpur, P.O.
     Karja/ Kranja, P.S. Shambuganj, District Banka (Bihar).
                                                         ... ... Petitioner
                                    Versus
     1.    The State of Jharkhand.
     2.    Pavitra Das, C/o Prafful Das, R/o Village Talwadanga
           (Nandipara), P.O. & P.S. Pakur, District Pakur, presently
           residing at Bharat Financial Inclusion Limited, Pakuria
           Branch, P.O. Pakur, P.S. Pakuria, District Pakur.
                                                 ... ... Opposite Parties
                                     ------
                      CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Ms. Abha Verma, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P.

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04/ 12.06.2025

Heard the parties.

2. This anticipatory bail application under Section 482 of

the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been

preferred by the petitioner apprehending his arrest in connection

with Pakuria P.S. Case No.37 of 2023, for offences under Sections

420, 406 and 34 IPC. The case is presently pending before the

Court of learned Judicial Magistrate, 1st Class, Pakur.

3. The allegation against the petitioner is that he along

with two others being the staffs of the informant-Company,

misused the liberty of his post and has not credited the amount

accruing through loan and instalment, to the Bank Account of the

informant-Company, rather used the said money for his personal

interest.

4. During the course of argument, learned counsel

representing the petitioner and learned A.P.P. representing the

State jointly submits that the petitioner has joined the investigation

2025:JHHC:15265

and is cooperating with the Investigating Officer. It is also

submitted that the punishment is of less than seven years.

5. Considering the said submission, since the petitioner

has appeared before the Investigating Officer and has not been

arrested, I feel that there is no apprehension of the petitioner being

arrested. Further, this case is covered by the guidelines and

directions given 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, Satender Kumar

Antil vs. Central Bureau of Investigation & Another, reported

in 2022 (10) SCC 51, Satender Kumar Antil vs. Central

Bureau of Investigation & Another, reported in 2024 (9) SCC

198.

6. Thus, I direct the petitioner to appear before the Court

concerned, who will pass an appropriate order in terms of the

aforesaid judgment of the Hon'ble Supreme Court.

7. With the aforesaid observation, this Anticipatory Bail

Application stands disposed of.

(ANANDA SEN, J.)

Prashant. Cp-3