Ashwini Kumar vs The State Of Jharkhand. ... ... Opposite ...
2025 Latest Caselaw 4172 Jhar

Jharkhand High Court

Ashwini Kumar vs The State Of Jharkhand. ... ... Opposite ... on 23 June, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                               2025:JHHC:16506


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          A.B.A. No.7394 of 2024
                                   ------
    Ashwini Kumar, S/o Kulanand Sahay.
                                                       ... ... Petitioner
                                   Versus
    The State of Jharkhand.                 ... ... Opposite Party
                                   ------
                      CORAM : SRI ANANDA SEN, J.

------

    For the Petitioner(s)   :    Mr. Sanjay Kumar, Advocate
    For the State           :    Mr. Fahad Allam, A.P.P.
                                    -----


05/ 23.06.2025

                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 Chainpur P.S. Case No.28 of 2023 corresponding to G.R.

No.649 of 2023, for offences under Sections 406, 420 and 506 IPC.

The case is presently pending before the Court of learned Judicial

Magistrate, 1st Class, Gumla.

3. It has been submitted that Notice under Section 41A

Cr.P.C. has been issued to the petitioner. The petitioner has given

reply to the said Notice by post. It has further been submitted that

all the offences are punishable for seven years or less.

4. Since Notice under Section 41A Cr.P.C. has been issued

and warrant of arrest has not been issued, I am of the opinion that

there is no apprehension of the petitioner being arrested. Thus, this

case is covered by the judgment of the Hon'ble Supreme Court in

the case of Satender Kumar Antil vs. Central Bureau of

Investigation & Another, reported in 2022 (10) SCC 51,

Satender Kumar Antil vs. Central Bureau of Investigation & 2025:JHHC:16506

Another, reported in 2024 (9) SCC 198.

5. The petitioner is directed to appear before the

Investigating Officer and thereafter appear before the concerned

Court, who will consider the case of the petitioner in terms of

aforesaid judgment of the Hon'ble Supreme Court.

6. With the aforesaid observation, this Anticipatory Bail

Application stands disposed of.

(ANANDA SEN, J.)

Prashant. Cp-3