Bhola Swarnkar vs State Of Jharkhand

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 Chas P.S. Case No. 160 of 2020 instituted under Sections 290/270/272 of the Indian Penal Code and Section 47(a) of the Excise Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the house from which huge amount of India made foreign liquor was recovered which was kept for selling illegally. It is submitted that the allegation against the petitioner is false. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. 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 Chief Judicial Magistrate, Bokaro within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.70,000/-(Rupees seventy thousand) as cash security 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 Chief Judicial Magistrate, Bokaro in connection with Chas P.S. Case No. 160 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.