Manoj Mohan Shrivastava Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

Manoj Mohan Shrivastava Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner to surrender in the Court below within six weeks; upon arrest or surrender, to 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 A.C.J.M, Jamtara in connection with Narayanpur P.S. Case No.11 of 2021, subject to co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and Aadhar Card photocopy with an undertaking not to change the mobile number during the pendency of the case, and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Narayanpur P.S. Case No.11 of 2021 (instituted under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 25 (1-B) (a) of the Arms Act, 1959), should be granted the privileges of anticipatory bail.

Court's answer

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

Ratio / Principle

The petitioner is directed to surrender before the Court below within six weeks; in the event of his arrest or surrendering, 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 A.C.J.M, Jamtara, in connection with Narayanpur P.S. Case No.11 of 2021.

Key takeaways

The bail is conditioned on the petitioner co-operating with the investigation of the case and appearing before the investigating officer as and when noticed by him.ratio¶14
Further conditions imposed: the petitioner shall 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.ratio¶14
The petitioner is additionally bound by further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — Granted. High Court of Jharkhand (Anil Kumar Choudhary, J.), Order No.02 dated 13-02-2025 in A.B.A. No.975 of 2025: petitioner Manoj Mohan Shrivastava, stated (per counsel) to be the Director of a security agency engaged by the Jharkhand State Co-operative Bank, apprehended arrest in connection with Narayanpur P.S. Case No.11 of 2021, instituted under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 25 (1-B) (a) of the Arms Act, 1959, after verification allegedly revealed that the firearm licence of a gunman engaged by the petitioner was a forged document. Counsel submitted that the allegation was false, that the petitioner was co-operating with the investigation (having appeared before the Officer-in-Charge of Narayanpur Police Station and filed his reply to the notice by affidavit), that proof of genuineness of documents lay on the gunman, and that the alleged gunman had already been granted anticipatory bail by this Court on 06.09.2021 in A.B.A. No.6203 of 2021. The Court, considering the submissions, granted privileges of anticipatory bail, directing the petitioner to surrender within six weeks and, upon arrest or surrender, enlarging him 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 A.C.J.M, Jamtara, conditioned on co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and Aadhar Card photocopy with an undertaking not to change the mobile number during the pendency of the case, together with the 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.975 of 2025

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Manoj Mohan Shrivastava, son of Late Krishn Mohan Prasad, Age-59 Years, resident of Tola- Bartand, Village- Nawadih, P.O.- B. Polytechnic, P.S. Dhanbad Nawadih, District Dhanbad-828130, StateJharkhand. UID 777107086587 .... .... …. Petitioner

Versus

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

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Badal Vishal, Advocate For the State : Mr. Naveen Kr. Gaunjhu, Addl. P.P ------

Order No.02 Dated- 13-02-2025

Heard the parties.

Apprehending his arrest in connection with Narayanpur P.S. Case No.11 of 2021 instituted under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 25 (1-B) (a) of the Arms Act, 1959, 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 being the Director of a security agency engaged by the Jharkhand State Co-operative Bank and on verification of the license of the gun of the gunman engaged by the petitioner, it came to light that the said license is a forged document. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is co-operating with the investigation of the case and has appeared before the Officer-in-Charge of Narayanpur Police Station and submitted his reply to the notice, through affidavit. It is next submitted that the responsibility regarding proof of genuineness of the documents filed the gunman lies upon the gunman. It is also submitted that the alleged gunman has already been given the privileges of anticipatory bail by this Court vide order dated 06.09.2021 passed in A.B.A. No.6203 of 2021. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Jamtara in connection with Narayanpur P.S. Case No.11 of 2021 with the condition that he will cooperate 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/