Disposed¶19

Jithu Kisku Alias Jethu Kisku v. the State of Jharkhand

Jharkhand HC8 Jul 2025A.B.A./554/2025

Case brief

AI extract

What is this about?

Jharkhand HC Ranchi; A.B.A. No.554 of 2025; anticipatory bail under Section 482 & 484 BNSS 2023; petitioners Jithu Kisku @ Jethu Kisku, Stephan Kisku, Ramesh Kisku; Complaint (P.C.R.) Case No.1170 of 2022; Sections 379, 323, 341/34 IPC 1860; C.J.M. Dumka; cognizance taken, petitioners summoned; no custodial investigation in complaint case; direction to appear and orders per Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and (2021) 10 SCC 773; application disposed of 08.07.2025; judge Ananda Sen.

What did the court decide?

No anticipatory bail granted; application disposed of with direction to the petitioners to appear before the concerned Court, upon which appropriate orders will be passed in terms of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 and the observation in (2021) 10 SCC 773. ¶19

Jithu Kisku Alias Jethu Kisku Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to petitioner Nos. 1 and 3 apprehending arrest in connection with Complaint (P.C.R.) Case No.1170 of 2022 (offence under Sections 379, 323, 341/34 IPC), a complaint case pending before C.J.M., Dumka in which cognizance has been taken and the petitioners stand summoned.

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Court's answer

Since the case arises out of a complaint case, there is no occasion of any investigation for custodial investigation.

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Ratio / Principle

The petitioners are directed to appear before the concerned Court and, once they appear, appropriate orders will be passed in terms of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, as well as the observation made in the same case reported in (2021) 10 SCC 773.

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Key takeaways

In view of the aforesaid observation, the Anticipatory Bail Application stands disposed of.ratio¶19

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Ananda Sen, J.), A.B.A. No.554 of 2025, disposed of on 08.07.2025. Petitioners Jithu Kisku @ Jethu Kisku and Ramesh Kisku sought anticipatory bail under Section 482 & 484 BNSS, 2023, apprehending arrest in Complaint (P.C.R.) Case No.1170 of 2022 (Sections 379, 323, 341/34, Indian Penal Code, 1860), pending before C.J.M., Dumka, where cognizance had been taken and the petitioners stood summoned. The application was infructuous against petitioner No. 2 (Stephan Kisku), who had been arrested earlier. Holding: as the case arises out of a complaint case, there is no occasion of any investigation for custodial investigation; the petitioners were directed to appear before the concerned Court, whereupon appropriate orders would be passed in terms of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, and the observation made in the same case reported in (2021) 10 SCC 773. The Anticipatory Bail Application stands disposed of.

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2025:JHHC:18547

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.554 of 2025

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Jithu Kisku @ Jethu Kisku, aged about 67 years, s/o Yongu Kisku, resident of Thakran Tola, P.O.- Maluti, P.S.Shikaripara, Dist-Dumka.

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Stephan Kisku, aged about 26 years, S/o Jithu Kisku, R/o Thakran Tola, P.O.- Maluti, P.S. Shikaripara, Dist-Dumka.

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Ramesh Kisku, aged about 21 years, S/o Jithu Kisku, resident of Thakran Tola, P.O.- Maluti, P.S.- Shikaripara, Dist-Dumka.

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… … Petitioners

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Versus

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The State of Jharkhand. 2. Meeru Tudu, aged about 25 years, W/o Sudin Murmu, resident of Thakran Tola, P.O.- Maluti, P.S.- Shikaripara, DistDumka.

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… … Opposite Parties

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CORAM : SRI ANANDA SEN, J.

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------ For the Petitioner(s) : Mr. Onkar Nath Tewary, Advocate For the State : Mr. S.K. Verma, A.P.P. For the Informant : Mrs. Shruti Shrestha, Advocate -----

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04/ 08.07.2025

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Heard the parties.

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2. This anticipatory bail application under Section 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, have been preferred by the petitioners apprehending their arrest in connection with Complaint (P.C.R.) Case No.1170 of 2022, for offence under Sections 379, 323, 341/34 of the Indian Penal Code, 1860. The case is presently pending before the Court of learned C.J.M., Dumka.

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3. As the petitioner No.2 was arrested earlier, this application has already been rendered infructuous against him. Now this anticipatory application is only confined to petitioner Nos.1 & 3. 4. The case has been arising out of a complaint case. Cognizance has already been taken in this case and the petitioners have been summoned to appear before the Court.

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5. Since the case arises out of a complaint case, there is

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2025:JHHC:18547

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no occasion of any investigation for custodial investigation. The petitioners are directed to appear before the concerned Court, once the petitioners appear, appropriate orders will be passed in terms of judgment of 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

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the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in (2021) 10 SCC 773 . 6. In view of the aforesaid observation, this Anticipatory Bail Application stands disposed of.

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(ANANDA SEN, J.)

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Sandeep. Cp-3

Jithu Kisku Alias Jethu Kisku v. the State of Jharkhand

Case brief

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Jithu Kisku Alias Jethu Kisku v. the State of Jharkhand

Case brief

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