Jharkhand High Court
Umesh Kumar Aged About 57 Years Son Of … vs The State Of Jharkhand on 4 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:21563
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 4068 of 2025
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Umesh Kumar aged about 57 years son of Shiv Nandan Lal resident of
Ward No.19 near Devi Mandir Barwatoli, East Gola Road, Lohardaga,
P.O.and P.S. Lohardaga, District Lohardaga …. Petitioner
— Versus —
1.The State of Jharkhand
2.Bipin Prasad Agarwal, s/o Dharmraj Prasad Agarwal, r/o BID, Gumla
Road, Near Gumla Road, P.O. and P.S. Lohardaga, District Lohardaga
…. Opposite Party
—-
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
—
For the Petitioner :- Mr. Nilesh Kumar, Advocate
For the State :- Mr. Prabir Kr. Chatterjee, Spl.P.P.
—-
2/04.08.2025 Heard the learned counsel for the petitioner as well as the learned
counsel for the State.
2. The petitioner is apprehending his arrest in connection with Complaint
Case No.106 of 2023, for the offence registered under sections 406, 420, 467,
468, 120B of the IPC, pending in the court of learned Chief Judicial Magistrate,
Lohardaga.
3. Learned counsel for the petitioner submits that the petitioner has
taken loan and one person has been made guarantor in the said loan and
subsequently he has not been able to pay the EMIs and thereafter the Bank
has issued notice to the complainant who happened to be guarantor and when
the guarantor approached him, he has issued a cheque and handed over the
same to the guarantor to present it before the Bank as a security cheque,
however, the cheque was not encashed and pursuant to that the complaint
case was filed. He submits that however the learned court has not taken
cognizance under Section 138 of the Negotiable Instrument Act and the
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2025:JHHC:21563
cognizance has been taken under other sections of the IPC. He submits in view
of that, anticipatory bail may kindly be granted to the petitioner.
4. Mr. Chatterjee, the learned counsel appearing on behalf of the
respondent by way of inviting attention of the Court to paragraph no.22 of the
present A.B.A submits that the petitioner has himself relied in the case of
Satender Kumar Antil v. C.B.I. reported in (2021) 10 SCC 773 and in this
background he is required to appear before the learned court and the learned
court will pass the appropriate order.
5. In reply, Mr. Nilesh Kumar, the learned counsel for the petitioner
submits that the case of the petitioner is coming under category -‘A’ of the
case of ‘Satender Antil‘ (supra).
6. In view of above, the petitioner, above named, is hereby directed to
surrender before the learned court and the learned court, on proper surety,
as it deem fit, shall release the petitioner.
7. This petition is disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
2 A.B.A. No. 4068 of 2025