Shibu Yadav v. The State of Jharkhand

---- WITH A.B.A. No. 3335 of 2025 ---- Raju Kumar Bhuiyan, S/o Shri Kanchan Bhuiyan, R/o Village+Post- Raham, P.S. Tandwa District Chatra. The State of Jharkhand … … … … Versus ---- Petitioner Opposite Party CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : For the State: Mr. Awanish Ranjan Mishra, Advocate Mr. Sanjay Kumar Srivastava, A.P.P. ---- 8/ 22.07.2025 These anticipatory bail applications under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita have been preferred by the petitioners apprehending their arrest in connection with Kharsawan Police Station Case No. 18 of 2021, registered for offences punishable under Section 407 of the Indian Penal Code, pending in the Court of the Judicial Magistrate First Class, Seraikela.

As per the First Information Report, it has been alleged by the informant that a vehicle loaded with 35 tons of cement did not reach its destination. When the informant asked the owner of the truck, he denied the vehicle’s ownership and thereafter the phone number of the owner and driver was found switched off.

Learned counsel for the petitioners submitted that the petitioners are innocent and are not the owners of the truck. As per the statement of independent witness during the course of investigation, the alleged consignment of cement has been delivered to its destination. A receiving of cement was provided by the owner of the truck. Notices under section 41 A of the Code of Criminal Procedure have been complied with by the petitioners.

Learned counsel representing the State vehemently opposed the prayer of the petitioners for grant of anticipatory bail and submitted that the materials collected in course of investigation, suggest that there is direct and specific allegation against the petitioners of replacing the registration number of their vehicle. -: 1 :-

I have gone through the available records including the Case Diary. I find that the petitioner in A.B.A. No. 3335 of 2025, namely, Raju Kumar Bhuian is alleged to be the driver of the vehicle involved in the crime. In course of investigation materials have been collected to show that the mobile number alleged to be that of the driver belongs to the petitioner Raju Kumar Bhuian. It has also come in evidence that the IMEI number associated with the mobile number [REDACTED] (belonging to the petitioner Raju Kumar Bhuian) later on is being used with mobile No.[REDACTED]. At paragraph 88 of the case diary, the police has extracted the statement of the petitioner Raju Kumar Bhuian, as was recorded over conversation through phone call wherein he disclosed that it was petitioner Shibu Yadav (petitioner in A.B.A. No.3334 of 2025) and one Kuldip Ram, who had changed the registration number of the vehicle by placing number plate bearing JH 13E 2587 in place of registration No. JH 02 AY 7758 and cement was loaded from Shree Cement and mobile number of petitioner Raju Kumar Bhuian was given and Kuldip Ram had also kept petitioner’s SIM Card with him. He also stated that they had sold the cement which was loaded on the vehicle. Petitioner Raju Kumar Bhuian also disclosed that Shibu Yadav was the driver and he was Khalashi and in 2020 Kuldip Ram had sold his vehicle having registration No. JH 02 AY 7758, but since part consideration amount was due, as such, Kuldip Ram had retained the vehicle with him.

Considering the aforesaid facts, since the petitioners are involved in the offence and this is a case where intensive investigation is needed including custodial interrogation of the petitioners, I am not inclined to grant privilege of anticipatory bail to the petitioners. The prayer for grant of anticipatory bail to the petitioners is hereby rejected.

This anticipatory bail application is, accordingly, dismissed. Kumar/Cp-03 (Ananda Sen, J.) -: 2 :-