Aashutosh Kumar Singh Allias Aashutosh Vs the State of Jharkhand

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2026:JHHC:7185

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 1084 of 2026

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Aashutosh Kumar Singh @ Aashutosh, aged 35 years, son of Shivajee Prasad Singh, resident of Director of S.M.B.I. Machine Private Limited,J.L. No.-31, Dag No.529, Khatian No.2294, Teghoria Surya Road, Mourya, Tegharia, Panihoti, Post Jugberia, P.S. Ghola, District North Twenty Four Parganas, West Bengal, permanent address-House No.B-8, T/F Gali No.2 BlockB, Vikash Nagar, PS. Uttam Nagar, District New Delhi

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.... Petitioner

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-- Versus -- The State of Jharkhand .... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner	:-	--- Mr. Indrajit Sinha, Advocate Mr. Rishav Kumar, Advocate
For the State	:-	Mr. Pankaj Kumar Mishra, Advocate
For the Informant	:-	Mr. Shailesh Kumar Singh, Advocate ----

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2 /17.03.2026 Heard learned counsel for the petitioner, learned

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counsel for the respondent State as well as the learned counsel for the informant.

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The petitioner is apprehending his arrest in connection with Dhansar P.S. Case No.68 of 2025, for offence registered under section 316(2), 318(2) of the BNS, 2023, pending in court of learned Judicial Magistrate First Class, Dhanbad.

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Learned counsel for the petitioner submits that the informant has purchased two atta packing machines from the

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2026:JHHC:7185

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petitioner’s firm for which the petitioner has duly raised the GST Invoice dated 14.10.2024 and the said machine was duly supplied to the informant vide E-way Bill having E-Way Bill No.871458284319 as contained in Annexure -2 and Annexure-2/A respectively. He next submits that the informant has taken input tax credit of the same amounting to Rs.4,86,000/- for the entire invoice amount and he refers to the input tax credit annexed as Annexure-3. He also submits that the informant has not made the due payment of Rs.5,50,000/- out of Rs.31,86,000/- for which petitioner had filed a complaint case under Negotiable Instruments Act against the informant’s firm namely Hitvik Food Grain Pvt. Ltd being C.P.Case No.34242 of 2025 in the court of learned Chief Metropolitan Magistrate, South West District, Delhi. He next submits that the petitioner has already supplied the said machine and the same was sent through R.K.G. Transport Service as contained in Annexure 2/A. He further submits that if any case is made out that is of civil in nature and for that a case of cheating has been tried to be made out.

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Learned State counsel as well as the learned counsel appearing for the informant jointly oppose the prayer and submit that the petitioner has taken the amount and the transportation was said to be from Kolkata Office of the petitioner, however, later on, on enquiry, the informant came to know that there is no Office

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2026:JHHC:7185

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existing in Kolkata and the petitioner operating from Delhi. They submit that certain machine has reached at the place of the informant, however, that has not been installed as yet. They next submit in view of that the case of cheating is made out and in view of that, anticipatory bail may kindly be rejected.

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Annexure 2/A is a document of the Transport Service and for transporting the machine the tariff of Rs.95,100/- has been paid. Annexure-3 is the input tax credit claimed by the informant to the tune of Rs.4,86,000/- for the invoice of machine and for nonclearance of the cheque issued by the informant, the petitioner has filed the complaint case in the court at Delhi under Negotiable Instruments Act on 18.02.2025, whereas the present FIR has been lodged on 17.04.2025.

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Prima-facie, it appears that for deficiency in service, if any, the FIR has been lodged, and in that view of the matter, the petitioner, above named, is directed to surrender before learned court within two weeks from today, and the learned court shall release the petitioner, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper.

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A.B.A. No.1084 of 2026 is disposed of.

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( Sanjay Kumar Dwivedi, J.)

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17.03.2026

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SI/

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Aashutosh Kumar Singh Allias Aashutosh v. the State of Jharkhand

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Aashutosh Kumar Singh Allias Aashutosh v. the State of Jharkhand

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