Ayush Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

Ayush Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest by the police or surrender within six weeks from the date of the order, release on bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with C.P. Case No. 15217 of 2023, subject to the petitioners not annoying or disturbing the complainant during pendency of the case, co-operating with the trial, and the other conditions laid down under section 482(2) of BNSS, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with C.P. Case No. 15217 of 2023 registered under Sections 323, 420, 34 IPC, are entitled to the privilege of anticipatory bail.

Court's answer

Anticipatory bail granted to the petitioners apprehending arrest in connection with C.P. Case No. 15217 of 2023, considering the facts and circumstances of the case (repayment of Rs. 50,000/-, no criminal antecedent stated, petitioner no. 2 implicated only as father of petitioner no. 1, undertaking to co-operate with the trial).

Ratio / Principle

In the event of arrest by the police or surrender within six weeks from the date of the order, the petitioners are to be released on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with C.P. Case No. 15217 of 2023, subject to the petitioners not annoying or disturbing the complainant, co-operating with the trial, and the other conditions laid down under section 482(2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — Petitioners apprehending arrest in C.P. Case No. 15217 of 2023, registered under Sections 323, 420, 34 of the Indian Penal Code, on allegation of cheating the complainant by receiving Rs. 50,000/- as advance for arranging a class IV job in the civil court, Patna — Petitioner no.1 stated to have repaid Rs. 50,000/-, with deposit receipt dated 20.03.2025 shown to the Court; no criminal antecedent stated in the anticipatory bail application; petitioner no. 2 implicated only because he is the father of petitioner no. 1; undertaking to co-operate with the trial and not to annoy or disturb the complainant — Held, privilege of anticipatory bail granted: in the event of arrest by the police or surrender within six weeks from the date of the order, release on bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad, subject to the petitioners not annoying or disturbing the complainant during pendency of the case, co-operating with the trial, and the other conditions laid down under section 482(2) of BNSS, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1709 of 2025

Ayush Kumar aged about 27 Years S/O Lakho Singh @ Loko Singh

Lako Singh @ Loko Singh age about 49 years son of Jang Bahahdur Singh both R/O Village Chechar P.O. & P.S. Chechar District- Vaishali, Bihar … Petitioners

Versus

The State of Jharkhand

Ashish Kumar Son of Raja Ram Gupta Resident of Manaitand, Kumhar Patti PO+Ps- Dhansar District Dhanbad Jharkhand

… opp. parties

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. K.S. Nanda , Adv. For the State : Ms. Ruby Pandey, Addl.. PP

02 / 20.03.2025 Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 15217 of 2023 registered under Sections 323, 420, 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner in furtherance of the common intention with the co-accused persons, cheated the complainant by receiving Rs. 50,000/- as advance for arranging a class IV job in the civil court, Patna. It is then submitted that the allegations against the petitioners are all false and the petitioner no.1 has already repaid Rs. 50,000/- taken by him to the complainant and in this respect, learned counsel for the petitioners draws attention of the court to receipt showing the deposit of Rs. 50,000/- in the name of the complainant dated 20.03.2025. It is further submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent, as mentioned in paragraph 14 of the anticipatory bail application. It is further submitted by learned counsel

for the petitioners that the petitioner no. 2 has been implicated in this case only because he is the father of the petitioner no. 1. It is next submitted that the petitioners are ready to co-operate with the trial of the case and also undertakes to furnish sufficient security including cash security and they undertake not to annoy or disturb the complainant in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with C.P. Case No. 15217 of 2023 subject to the condition that the petitioners will not to annoy or disturb the complainant in any manner during pendency of the case and will co-operate with the trial of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-