Imtiyaz Ansari And Ors vs State Of Jharkhand

Heard learned counsel for the Petitioners Mr. Rohit Agarwal and learned A.P.P for the State Mr. Pradeep Kumar Verma.

Learned counsel for the petitioners undertakes to remove the following surviving defects within one week.

Ix (ii) Typed copies are without signature.

(iii) Fairly legible copy of page no. 7 or typed copy duly certified to be true may be filed.

Petitioners seek protection of anticipatory bail in terms of section 438 of Cr. P.C in connection with Khaga P.S. Case No. 09/2020 instituted under

sections 188/269/270/271/414 of the Indian Penal Code and pending before the Court of Sri Anil Kumar, learned Judicial Magistrate, Madhupur.

Learned counsel for the petitioners submits that as per the FIR instituted by the ASI of Khaga police station, four motorcycles carrying three

quintals of coal on each of them were intercepted during patrolling. Accused persons have been identified by the Chowkidar who was part of the

patrolling party. Learned counsel for the petitioners submits that petitioners have not been apprehended on the spot and neither seized motorcycles nor

coal loaded on it belongs to the petitioners. These petitioners have no criminal antecedent and have never been involved in any such criminal case.

Except section 414 of the I.P.C, rest of the sections are bailable in nature. Therefore, petitioners may be granted the privilege of anticipatory bail,

otherwise they may be forced to suffer unnecessary incarceration on unfounded allegation.

Learned A.P.P has opposed the prayer. He submits that as per the FIR, these petitioners fled away on being intercepted by the patrolling party and

local Chowkidar had identified them. Therefore, they may not be granted the privilege of anticipatory bail.

I have considered the submission of learned counsel for the parties and taken into account the facts and circumstances noted above. Having regard

to the aforesaid facts that the petitioners have no connection with the seized motorcycles and that there are no criminal antecedent against them, I am

inclined to grant anticipatory bail to the petitioners. Let the petitioners namely, Imtiyaz Ansari and Shivpati Pandit, in the event of their surrender or

arrest within a period of four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

like amount each, to the satisfaction of Sri Anil Kumar, learned Judicial Magistrate, Madhupur in connection with Khaga P.S. Case No. 09/2020,

subject to the condition as laid down under section 438(2) of the Cr. P.C. Petitioners shall cooperate in the investigation and petitioners and their

bailors shall not change their address or mobile no. without prior permission of the learned Trial Court.