Md. Kurban Khan @ Kurban Khan vs State Of Jharkhand

Ananda Sen, J

Heard the parties.

This anticipatory bail application under Section 438 and 440 of the Cr.P.C., has been preferred by the petitioner apprehending his arrest for offence under Sections 420, 406, 506 and 34 IPC.

Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

Notice under Section 35(3) of the BNSS has been issued to the petitioner. The petitioner has filed an affidavit stating therein that he has appeared before the police but he has not been arrested. He undertakes to cooperate in the investigation.

Issuance of Notice under Section 35(3) of the BNSS suggests that the police does not feel it necessary to arrest the petitioner.

Since the petitioner has appeared before the Police / Investigating Officer and is cooperating in the investigation, I am inclined to grant anticipatory bail to this petitioner.

If the petitioner does not cooperate with the investigation in future, it will be open to the Court concerned to cancel the bail of the petitioner.

With the aforesaid observation, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Palamau at Daltonganj, in connection with Pipratand P.S. Case No.38 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.