High CourtsSingle Bench(2020) 11 JH CK 0153

Dina Mukhi @ Dinu Mukhi @ Dinanath Mukhi vs State Of Jharkhand

Jharkhand High Court · Decided on 3 November 2020

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
A.B.A. No. 5437 Of 2020

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Judgment

20 paragraphs · 414 words

Heard the parties through video conferencing. Mr. J. N. Upadhyay- 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 Burmamines P.S. Case No.40 of 2020 instituted under Section 290 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.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in selling of illegal

country-made liquor without any license. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-

12 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the

petitioner has no concern with the seized liquor. 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 Judicial Magistrate, 1st Class, Jamshedpur within six weeks

from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.5,000/-(Rupees five 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 Judicial

Magistrate, 1st Class, Jamshedpur in connection with Burmamines P.S. Case No.40 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.