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2025 DIGILAW 445 (JHR)

Mantu Kumar, s/o late Sahadeo Prasad v. State of Jharkhand

2025-02-14

ANIL KUMAR CHOUDHARY

body2025
ORDER : ANIL KUMAR CHOUDHARY, J. I.A. No.1268 of 2025 1.Learned counsel for the petitioners submits that interlocutory application has been filed with a prayer to not press the prayer for anticipatory bail on behalf of petitioner no.1 Mantu Kumar. 2. Prayer is allowed. 3. Anticipatory bail application so far as it relates to petitioner no.1 is rejected as not pressed. 4. Accordingly, the instant interlocutory application stands disposed of. A.B.A.No. 7600 of 2024 1.Heard the parties. 2. Apprehending their arrest in connection with Bariatu P.S. Case No.226 of 2024 instituted under Sections 316(2) & 318(4) of BNS, 2023, the petitioner nos. 2 & 3 have moved this Court for grant of privileges of anticipatory bail. 3. Learned counsel appearing for the petitioner nos. 2 & 3 submits that the allegation against the petitioner nos. 2 & 3 is that the husband of petitioner no.2- Ruchi Kumari, who is also the brother of the petitioner no.3- Rishabh Kumar, namely Manish Kumar while working as Project Accountant in Baba Project Pvt. Ltd. has raised false bills showing that some work has been done by the Ruchi Kumari & Rishabh Kumar for Baba Project Pvt. Ltd. and got huge amount of money transferred to the bank account of Ruchi Kumari and Rishab Kumar. It has further been submitted that there is absolutely no allegation against the petitioner nos.2 & 3 that the petitioner nos.2 &3 have done anything to constitute any offence. It is then submitted that entire allegation is against Manish Kumar who is not a petitioner in this anticipatory bail application. It is next submitted that modus operandi of Baba Project Pvt. Ltd. was to evade tax by transferring huge amount of money of the company to the relatives of its employees and later on, to collect cash from them by withdrawing the amount, to generate black money for their illegal business. In this respect learned counsel for the petitioner nos.2 & 3 draws the attention of the Court to Annexure -2 series at page 72 to 84 which shows that huge amount of money has been transferred to the bank account of the relatives of other employees of Baba Project Pvt. Ltd. also. It is then submitted that petitioner nos. In this respect learned counsel for the petitioner nos.2 & 3 draws the attention of the Court to Annexure -2 series at page 72 to 84 which shows that huge amount of money has been transferred to the bank account of the relatives of other employees of Baba Project Pvt. Ltd. also. It is then submitted that petitioner nos. 2 & 3 have paid back the amount transferred to their account by the Baba Project Pvt. Ltd. by way of cash; as per practice prevalent, to the authorized representative of the Baba Project Private Ltd., it is also submitted that no offence has been committed by the petitioner nos.2 & 3. It has further been submitted that the dispute between parties is at best the civil dispute and the petitioner nos. 2 & 3 undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioner nos.2 & 3 be given the privileges of anticipatory bail. 4. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner nos. 2 & 3. 5. 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 nos.2 & 3 Accordingly, the petitioner nos. 2 & 3 are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC-XXI, Ranchi, in connection with Bariatu P.S. Case No.226 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.