Birendra Paswan vs The State Of Jharkhand
2025 Latest Caselaw 4219 Jhar

Jharkhand High Court

Birendra Paswan vs The State Of Jharkhand on 24 June, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                            2025:JHHC:16986


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          A.B.A. No.7560 of 2024
                                   ------
    1.     Birendra Paswan, S/o Ramdeo Paswan
    2.     Ramdeo Paswan, S/o Late Mehandi Paswan
                                                    ... ... Petitioners
                                   Versus
    1.     The State of Jharkhand.
    2.     Hari Ram Yadav, S/o Late Raj Karan Yadav
                                              ... ... Opposite Parties
                                   ------
                      CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the State : Ms. Shweta Singh, Advocate

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05/ 24.06.2025

Heard the parties.

2. This anticipatory bail application under Section 482 of

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

preferred by the petitioners apprehending their arrest in connection

with Jorapokhar (Bhowra) P.S. Case No.87 of 2024, for offences

under Sections 323, 406, 420, 504 and 34 IPC. The case is presently

pending before the Court of learned Judicial Magistrate, Dhanbad.

3. The allegation against these petitioners is of usurping

money from the complainant by luring him with the promise of

doubling the money by investing in a scheme and thereafter not

returning the said money.

4. From the penal provision attached with this F.I.R., it is

clear that the punishment of the offences is seven years or less.

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 (2021) 10 SCC 773,

Satender Kumar Antil vs. Central Bureau of Investigation & 2025:JHHC:16986

Another, reported in 2022 (10) SCC 51, Satender Kumar Antil

vs. Central Bureau of Investigation & Another, reported in

2024 (9) SCC 198.

5. Learned counsel representing the petitioner submits

that the petitioners have received the Notice under Section 41A

Cr.P.C., and have replied the same. He submits that the petitioners

will also appear before the Investigating Officer and cooperate with

the investigation.

6. Considering the aforesaid submission and in view of the

order of the Hon'ble Supreme Court in the case of Satender Kumar

Antil Vs. Central Bureau of Investigation & Another, reported

in (2021) 10 SCC 773, and all other subsequent directions given

from time to time in this case, the petitioners are directed to

cooperate with the investigation and appear before the

Investigating Officer. Thereafter, their case will be considered as per

the judgments of the Hon'ble Supreme Court.

7. With the aforesaid observation, this Anticipatory Bail

Application stands disposed of.

(ANANDA SEN, J.)

Prashant. Cp-3