High CourtsSingle Bench

Arun Kumar Saha vs State Of Jharkhand

Jharkhand High Court · Decided on 3 November 2020 · Citation: (2020) 11 JH CK 0145

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 188, 406, 409, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 5449 Of 2020
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Judgment

23 paragraphs · 457 words

Heard the parties through video conferencing. Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter

within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Littipara P.S. Case No.37 of 2020 instituted under Sections 188, 406,409,420 and 34 of the Indian Penal

Code, the petitioner have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being middleman along with co-

accused person shown expenditure of Rs.1,38,128/- whereas the estimated cost of the work done appears to be only Rs.50,000/- to 60,000/-. It is next

submitted by learned counsel for the petitioner that the allegations against the petitioner are false. It is further submitted by learned counsel for the

petitioner that the co- accused is the main person who is liable for the allegations made. It is lastly submitted that the petitioner is ready and willing to

co-operate with the investigation of the case and to deposit Rs.30,000/- with the B.D.O., Littipara without prejudice to his defence in this case. Hence,

it is submitted that the petitioner be given the privileges of anticipatory bail. Learned A.P.P appearing for the State opposes the prayer for anticipatory

bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Principal District & Sessions Judge at Pakur within six weeks

from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of deposit of Rs.30,000/-(Rupees thirty

thousand) with the B.D.O., Littipara and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to

the satisfaction of learned Principal District & Sessions Judge at Pakur in connection with Littipara P.S. Case No.37 of 2020 with the condition that he

will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile

number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits Rs.30,000/-(Rupees thirty thousand), learned court below will pass an appropriate order regarding disbursal of the same

at the time of conclusion of trial.