Gautam Kumar @ Gautam vs The State Of Jharkhand ... Opp. Party(S)
2025 Latest Caselaw 3886 Jhar

Jharkhand High Court

Gautam Kumar @ Gautam vs The State Of Jharkhand ... Opp. Party(S) on 12 June, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                               2025:JHHC:15166
               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B.A. No. 3160 of 2025
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         Gautam Kumar @ Gautam, S/o Mithilesh Prasad Singh, R/o New Area, Yamuna
         Path, Nawada, P.O- Nawada, P.S. Nawada Town, Dist- Nawada, Bihar
                                                               .... Petitioner(s).
                                               Versus
         The State of Jharkhand                                ... Opp. Party(s).
               CORAM        :    SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Onkar Nath Tiwary, Advocate For the State : Mr. Manoj Kumar Mishra, AddI. P.P. .........

03/ 12.06.2025: Heard, learned counsel for the petitioner and learned counsel for the State.

2. This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 406 and 420 of IPC.

3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

4. On the last occasion, this Court, I directed the A.P.P to seek instruction from the Investigating Officer and inform this Court as to whether the petitioner has joined the investigation or not whether it is necessary to arrest the petitioner or not.

5. Today, the learned A.P.P. has submitted on instruction from the police official that the petitioner is absolutely cooperating in the investigation.

6. This case is registered under Sections 406 and 420 of IPC. There is an allegation that the informant has been cheated. The maximum punishment is seven years or less. This this case is covered by the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51 as well as the observation made in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2024 (9) SCC 198 and Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in (2021) 10 SCC 773.

7. Considering the aforesaid facts, I feel that this is a fit case for grant of anticipatory bail of the petitioner.

8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of her surrender or arrest, she shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Deoghar, in connection with Deoghar (Town) P.S. Case No.610 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.

9. Since the petitioner is cooperating with the investigation, the police did not find it necessary to arrest the petitioner. Thus, there is no apprehension of arrest of the petitioner. Thus, the petitioner is directed to appear before the Court concerned and file necessary bonds.

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