Chamra Minj vs The State Of Jharkhand

Heard learned counsels for petitioner and for State.

The petitioner is apprehending his arrest in connection with Lohsinghna P.S. Case No.208 of 2024, for offence registered under section 61(2), 238, 318(4), 319, 336(3), 340(2)/3(5) of BNS, 2023, pending in court of learned A.C.J.M., Hazaribagh.

Learned counsel for petitioner submits that the allegation against the petitioner is that the petitioner continued 23 illegal appointment in Home Guard in the capacity of District Company Commandant of Home Guard in the district of Hazaribagh. He next submits that the allegation against the petitioner is false and he also submits that admittedly the illegal appointment as alleged is of the year 2009-2011 and the petitioner was being Company Commandant of Home Guard from April, 2017 to June, 2021. He submits in view of that, it is clear that the petitioner has been falsely implicated in this case and in identical situation, the District Commandant namely Vinay Kumar has been granted anticipatory bail in ABA No.1763 of 2025 as said Vinay Kumar was not posted during the alleged time of occurrence and in view of that, he submits that the anticipatory bail may kindly be granted.

Learned State counsel opposes prayer and submits that the allegations are there of illegally continuing the Home Guards and in view of that anticipatory bail may kindly be rejected.

Considering that the alleged misappropriation is said to be of the year 2009-2011 wherein it has been stated that the petitioner was posted as District Commandant, Hazaribagh from April, 2017 to June, 2021 and in identical situation the District Commandant namely Vinay Kumar has been granted anticipatory bail in ABA No.1763 of 2025, I am inclined to grant anticipatory bail to petitioner.

Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned A.C.J.M., Hazaribagh, in connection with Lohsinghna P.S. Case No.208 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.