Murari Kumar Yadav vs The State Of Jharkhand ... Opp. P Arty(S)
2025 Latest Caselaw 303 Jhar

Jharkhand High Court

Murari Kumar Yadav vs The State Of Jharkhand ... Opp. P Arty(S) on 8 May, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                                          2025:JHHC:13926

                               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                                A.B.A. No. 2638 of 2025
                        Murari Kumar Yadav, son lof Satyanarayan Yadav, resident of village Lakrakol,
                        Mathurapur, P.O and P.S. Kahalgaon, District- Bhagalpur, Bihar. .... Petitioner(s).

                                                    Versus
                        The State of Jharkhand                                           ... Opp. P arty(s).
                                                    ------
                               CORAM        :       SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Gautam Kumar, Advocate.

                 For the State                  :   Mr. Prabhu Dayal Agarwal, Spl. P.P
                                                    ........

04/08.05.2025                  This is an application filed by the petitioner praying for grant of

anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 175, 379, 414 IPC and Section 04/54 of the JMM Act, 2004 and JMTS Rule, 2017, in connection with Mirzachouki P.S. Case No. 10/2023, pending in the Court of learned SDJM, Sahibganj.

Heard learned counsel for the parties at length and had gone through the documents, annexed along with this application.

Opportunity was given to the State to oppose the bail, which the State availed and opposed.

Counsel for the petitioner submits that his client had already received notice under Section 41A Cr.P.C/35(3) BNSS, thus in terms of 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 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, there is no threat of arrest.

Since there is no threat of arrest of the petitioner, in view of issuance of notice under Section 41A Cr.P.C/35(3) BNSS, the petitioner will appear before the Investigating Officer. Thus, the counsel for the petitioner seeks permission to withdraw this application.

Permission, as sought for, is accorded.

Accordingly, this application is dismissed as withdrawn with the aforesaid observation that the petitioner should appear before the Investigating Officer in compliance of notice issued under Section 41A Cr.P.C/35(3) BNSS.

   Anu/-C.P.-3                                                                    (ANANDA SEN, J.)