Nitai Tapadar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Nitai Tapadar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted, subject to surrender in the Court below within six weeks and to cash security, bail bond, surety and conduct conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Govindpur P.S. Case No.246 of 2024 instituted under Sections 334 (2), 303 (2) of the B.N.S., 2023, should be granted the privileges of anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is directed to surrender in the Court below within six weeks and, in the event of his arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad in connection with Govindpur P.S. Case No.246 of 2024.

Ratio / Principle

Bail is subject to the conditions that the petitioner will co-operate with the investigation, appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of Aadhar Card with an undertaking not to change his mobile number during the pendency of the case, and abide by the further conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. Nitai Tapadar, apprehending arrest in Govindpur P.S. Case No.246 of 2024 instituted under Sections 334 (2), 303 (2) of the B.N.S., 2023 on an allegation of theft of grocery items from the informant's shop, was held entitled to the privileges of anticipatory bail. He is to surrender in the Court below within six weeks and, on arrest or surrender, be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, subject to conditions of co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and the further conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.812 of 2025

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Nitai Tapadar, aged about 39 years, S/o Rasbihari Tapadar, R/o Kumhardih, P.O. and P.S.- Govindpur, Dist.- Dhanbad, Jharkhand.

.... .... …. Petitioner

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Soumitra Baroi, Advocate For the State : Mr. Manoj Kr. Mishra, Addl. P.P

Order No.02 Dated- 06-02-2025

Heard the parties.

Apprehending his arrest in connection with Govindpur P.S. Case No.246 of 2024 instituted under Sections 334 (2), 303 (2) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed theft of grocery items from the shop of the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been implicated in this case only because he is the uncle of the employee of the informant namely Brindaban Tapadar. Drawing attention of this Court towards para-11 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the petitioner was never seen in the C.C.T.V. footage. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl. P.P appearing for the State opposes 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 six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1^st Class, Dhanbad in connection with Govindpur P.S. Case No.246 of 2024 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 . )

Animesh/