Bijen Duari Alias Bijon Kumar Duary Alias Vijen Duari… — Cheating and Forgery | Jharkhand HC (2025)

Bijen Duari Alias Bijon Kumar Duary Alias Vijen Duari… — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted; petitioner to surrender within eight weeks and be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Ranchi, subject to conditions of co-operation with investigation, appearance before the investigating officer, furnishing mobile number and Aadhar Card copy with undertaking not to change mobile number, and further conditions under Section 482(2) BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Lalpur P.S. Case No.78 of 2020 (Sections 406, 420, 467, 468 and 471/34 IPC), should be granted the privilege of anticipatory bail.

Court's answer

Considering the submissions of learned counsels and the facts and circumstances stated, the Court is inclined to grant privileges of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner is directed to surrender in the Court below within eight weeks; in the event of his arrest or surrender, he is to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Ranchi, in connection with Lalpur P.S. Case No.78 of 2020.

Key takeaways

Bail is conditioned on the petitioner co-operating with the investigation, appearing before the investigating officer as and when noticed, and furnishing his mobile number and photocopy of the Aadhar Card with an undertaking not to change his mobile number during the pendency of the case.ratio¶16
The petitioner is additionally bound by the further conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶16

Detailed headnote1 paragraphs

Jharkhand High Court (Anil Kumar Choudhary, J.), Order No.04 dated 06-01-2025 in A.B.A. No.6808 of 2024: Anticipatory bail granted to Bijen Duari @ Bijon Kumar Duary @ Vijen Duari, stated to be former 'Senior Manager (R.M.)-Civil' of McNally Bharat Engineering Company Limited (MBECL) (joined 2017, resigned 22.03.2019), apprehending arrest in Lalpur P.S. Case No.78 of 2020 under Sections 406, 420, 467, 468 and 471/34 IPC, concerning alleged contravention of an agreement clause in awarding a sub-contract to the informant, M/s Shri Ram Constructions. Counsel urged parity with two MBECL officers granted anticipatory bail in A.B.A. No. 1491 of 2024 (order dated 29.04.2024) and characterised the matter as a civil dispute; the informant's recovery case before NCLT Kolkata Bench was dismissed and MBECL invoked arbitration. Petitioner directed to surrender within eight weeks and to be enlarged on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Ranchi, on conditions of co-operating with the investigation, appearing before the investigating officer as noticed, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number during pendency, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6808 of 2024

------

Bijen Duari @ Bijon Kumar Duary @ Vijen Duari

.... .... …. Petitioner

Versus

The State of Jharkhand

M/s Shri Ram Constructions through its Proprietor Sanjay Kumar .... .... .... Opposite Parties

------

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Akhouri Awinash Kumar, Advocate For the State : Mr. Bhola Nath Ojha, Special P.P For the OP No.2 : Mr. Punit Kumar, Advocate

Order No.04 Dated- 06-01-2025

Heard the parties.

Apprehending his arrest in connection with Lalpur P.S. Case No.78 of 2020 instituted under Sections 406, 420, 467, 468 and 471/34 of the IPC, the petitioner has moved this Court for grant of privilege of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was the ‘Senior Manager (R.M.)-Civil’ and he joined McNally Bharat Engineering Company Limited (MBECL) in the year 2017 and resigned on 22.03.2019 and National Building Construction Corporation Limited (NBCCL) hired the services of McNally Bharat Engineering Company Limited. There is allegations that in contravention of the clause of the agreement, the sub contract was given to the informant. It is next submitted that the work was already going on and sum of Rs. 18 Crore had already been paid to the informant and the informant has also filed a case before the National Company Law Tribunal, Kolkata Bench for recovery of the rest of the amount; which has been dismissed. It is next submitted that Arbitration Clause has been invoked by MBECL against the informant. It is next submitted that two of the officers of MBECL respectively the Chairman and Director namely Aaditya Khaitan and Srinivas Singh have been given the privilege of anticipatory bail vide order dated 29.04.2024 in A.B.A. No. 1491 of 2024 by the co-ordinate Bench of this Court. It is next submitted that the petitioner is ready and willing to

cooperate with the investigation of the case and the dispute between the parties is at best a civil dispute. The case of the petitioner stands on better footing than the co-accused persons, who have been given the privilege of anticipatory bail. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

The learned Special P.P for the State and the learned counsel for the opposite party no.2 opposed the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within eight weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Ranchi in connection with Lalpur P.S. Case No.78 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

RKM/