Munna Kumar Prajapati Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Munna Kumar Prajapati Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to surrender before the court below within four weeks and, upon surrender or arrest, to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each (one bailer a close relative, the other a resident of Jharkhand with sufficient landed property, supported by affidavit as to share in property), to the satisfaction of the learned Chief Judicial Magistrate, Seraikella; petitioner to cooperate with investigation and appear before the Investigating Officer once in 15 days.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest for offences under Sections 303(2)/317(2)/334(1) of BNS in connection with Gamharia P.S. Case No.129 of 2024, alleging loading of scrap by JCB within the Tata Steel campus.

Court's answer

If at all any overt act took place, it can only be said to be an attempt, as the vehicle did not leave the premises and only the materials were loaded; therefore this is not a case of custodial investigation.

Ratio / Principle

The court found this to be a fit case for grant of anticipatory bail to the petitioner.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED (Jharkhand HC, Ananda Sen, J., 21.07.2025): Petitioner, driver of a JCB, apprehended arrest in Gamharia P.S. Case No.129 of 2024 for offences under Sections 303(2)/317(2)/334(1) BNS, alleging that scrap was being loaded by JCB within the Tata Steel campus, presumably for theft. Held: if at all any overt act occurred, it amounted at most to an attempt, as the vehicle did not leave the premises and only the materials were loaded; hence not a case of custodial investigation. Anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023 allowed; petitioner directed to surrender within four weeks and to be released on bail bonds of Rs.10,000/- with two sureties of like amount (one a close relative, the other a Jharkhand resident holding sufficient landed property, evidenced by affidavit); petitioner to join investigation and appear before the Investigating Officer once every 15 days.

2025:JHHC:19859

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3818 of 2025

Munna Kumar Prajapati, S/o Sudama Prajapati, R/o Ward No.4, Village- Bana, P.O. Bana, P.S. Meral, District- Garhwa .... Petitioner(s).

Versus

The State of Jharkhand … Opp. Party(s).

…… CORAM : SRI ANANDA SEN, J.

For the Petitioner(s) : Mr. Arvind Kr. Choudhary, Advocate For the State : Mr. Ajay Kr. Pathak, AddI. P.P.

Learned counsel for the petitioner undertakes to deposit Court fee etc. during course of the day.

06/ 21.07.2025:

Heard, learned counsel for the petitioner and learned counsel for the State.

This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 303(2)/317(2)/334(1) of BNS.

Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

Petitioner is the driver of JCB.

It is alleged that within the campus of Tata steel some scrap was being loaded with the help of JCB and it was presumed that the same was being loaded for the purpose of the stealing.

After hearing the parties, I find that if at all any overt act has been taken place it can be said to be an attempt as the vehicle did not leave the premises and only the materials were loaded. Thus, this is not a case of custodial investigation. I feel that this is a fit case for grant of anticipatory bail of the petitioner.

Accordingly, this Anticipatory Bail Application stands allowed . The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order

and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Seraikella, in connection with Gamharia P.S. Case No.129 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.

The petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days.

(ANANDA SEN, J.)

R.S./