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Mithlesh Prasad Mehta @ Mithlesh Kumar Mehta vs State Of Jharkhand

Jharkhand High Court · Decided on 16 March 2021 · Citation: (2021) 03 JH CK 0136

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 272, 273, 290 · Central Excise Act, 1944 — Section 47(a) · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 796 Of 2021
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Judgment

7 paragraphs · 394 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 Ichak P.S. Case No.134 of 2020 instituted under Sections 272, 273 and 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 preparation of illicit country-made liquor. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-14 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. 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 Addl.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 Sub-Divisional Judicial Magistrate, Hazaribag within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.2,000/-(Rupees two 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 Sub-Divisional Judicial Magistrate, Hazaribag in connection with Ichak P.S. Case No.134 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.