Ajay Kumar Verma vs State Of Jharkhand

Ananda Sen, J.

Heard the parties.

This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offence under Section 392 IPC.

The allegation is that a robbery had taken place and the golden chain of the informant was snatched. It is alleged that the said chain was sold by the miscreants to one Mukesh Kumar, who is the brother of this petitioner.

During course of argument, Ms. Aayushi Aman, learned counsel representing the petitioner submits that the petitioner is a Goldsmith and proprietor of Vijay Jewelers. She further submits that admittedly from the confessional statement of the accused persons, it is evident that they themselves admitted that they have given the chain to Mukesh Kumar, who is the brother of the petitioner. As per learned counsel, there is no allegation that this petitioner had purchased or taken the stolen material.

Learned P.P. representing the State after going through the case diary, admits that it was Mukesh Kumar, to whom the golden chain was sold by the miscreants.

Considering the fact that the golden chain was not sold to this petitioner, rather it is one Mukesh Kumar, who had purchased the same, I am inclined to grant anticipatory bail to this petitioner.

Accordingly,  this  Anticipatory  Bail  Application  stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned C.J.M. at Ranchi, in connection with Kotwali P.S. Case No.174 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.