Jharkhand High Court
Tihan Gupta @ Thian Gupta vs The State Of Jharkhand on 23 June, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:16439
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3373 of 2025
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Tihan Gupta @ Thian Gupta, W/o Naveen Pradhan, R/o Deorali MW, NH 31A
Road, Zed. C.A. Paroo Building, Gangtok Municipal Corporation, Tadong, P.S. &
P.O. Gangtok, District- East Sikkim, Sikkim
.... Petitioner(s).
Versus
1.The State of Jharkhand
2.Barun Mukherjee, S/o Lt. M.L. Mukherjee , residing at A/418, 'HIBISCUS',
Ashiana Garden, Sonari, P.O. and P.S. Sonari, Town Jamshedpur, District East
Singhbhum ... Opp. Party(s).
......
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Parth S. A. Swaroop Pati, Advocate
For the State : Mr. Jitendra Pandey, AddI. P.P.
.........
04/ 23.06.2025: Heard, learned counsel for the parties.
2. This is an application filed by the petitioner praying for grant of
anticipatory bail under Sections 482 and 484 of Bharatiya Nagarik Suraksha
Sanhita, 2023 as he feels that there is threat of his arrest for committing
offences punishable under Section 406 and 420 of IPC in connection with
Complaint Case No.4033 of 2022, pending in the Court of learned Judicial
Magistrate 1st Class at Jamshedpur.
3. This case arises out of a complaint. The Court after taking cognizance
issued summons. When a summons has been issued by the Court, there is
no apprehension of being arrest. The accused has to appear before the Court,
answering and honoring the summons.
4. Be it noted that the learned Additional Sessions Judge-III, Jamshedpur,
East Singhbhum has passed the impugned order, rejecting the Anticipatory
Bail Application being completely unaware/ oblivious of the judgment and
direction given by the Hon'ble Supreme Court.
5. 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 and subsequent orders had given clear
guidelines to the Court as to how to deal with these types of matters. These
type of cases where summon is issued after taking cognizance in complaint
case are covered under Category-A as categorized 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. In paragraph 3 of
the aforesaid judgment category-A has been categorized as hereunder:-
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.
6. This case falls in category-A. After going through the impugned order,
I find that learned Additional Sessions Judge-III, Jamshedpur has dismissed
the anticipatory bail application on consideration which is not in consonance
with the direction of the Hon'ble Supreme Court in the case of Satender
Kumar Antil (Supra).
7. Be it noted that it is not a case of an economical offence as envisaged
by the Hon'ble Supreme Court.
8. Thus, I direct the petitioner to appear before the Court concerned and
file his bail bonds to the satisfaction of the learned Magistrate.
9. Accordingly, the instant anticipatory bail application stands disposed
of.
10. It is made clear that this order be communicated to the concerned
Judicial Officer, Nishant Kumar, JO No.00577 by the learned Registrar
General of this Court immediately, so that he can sensitized himself after
going through the judgment of the Hon'ble Supreme Court and the different
directions of Satender Kumar Antil (supra).
(ANANDA SEN, J.)
R.S./
