JHARKHAND HIGH COURT ISSUES ORDER ON KAMLESH SRIVASTAVA V/S THE STATE OF JHARKHAND

RANCHI, India, Feb. 12 -- Jharkhand High Court issued the following order on Jan. 12:

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is apprehending his arrest in connection with Mihijam P.S. Case No. 66 of 2025, registered under Sections 316 (2), 318 (4), 61(2) of the B.N.S. 2023, pending in the Court of learned C.J.M., Jamtara.

3. Learned counsel for the petitioner submits that there is several litigations between Mithilesh Srivastav and the informant Vivek Raj and the petitions related to the cases are annexed in this anticipatory bail application. He further submits that there is loan agreement between Mithilesh Srivastav and Vivek Raj and this petitioner has only signed in a complaint case as a witness. He then submits that petitioner has got no criminal antecedent which is disclosed in para 21 of the application. He next submits it appears to be doubtful that a person who is willing to take a loan of Rupees 25 lakhs would give Rupees 17 lakhs 70 thousand to the persons to whom he has reached for obtaining loan of the aforesaid amount. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

4. Learned counsel for the State opposes the prayer and submits that the allegations are there.

5. Considering that the petitioner has only signed in a complaint case as a witness and he has got no criminal antecedent as disclosed in paragraph 21 of this application and allegation is made of paying Rupees 17 lakhs Seventy thousand for anintend loan amount of Rupees 25 lakh which appears to be doubtfuland in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Jamtara, in connection with Mihijam P.S. Case No. 66 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.

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