High CourtsSingle Bench

Mubarak Ansari vs State Of Jharkhand

Jharkhand High Court · Decided on 18 August 2021 · Citation: (2021) 08 JH CK 0047

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 272 · Excise Act, 1958 — Section 47(a) · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5577 Of 2021
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Judgment

18 paragraphs · 376 words

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Bistupur P.S. Case No.236 of 2019 instituted under Sections 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.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of a vehicle from which

illicit sprit was recovered. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not the owner of the

said vehicle and the ownership of the said vehicle still stands in the name of Ram Prabodh Singh. It is also submitted that the petitioner had neither any

concern with the said sprit transported in the said vehicle nor had he any knowledge that sprit was being transported in the said vehicle. 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 Spl.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 C.J.M., Jamshedpur within six weeks from today and in the

event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/-(Rupees twenty 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 C.J.M., Jamshedpur in

connection with Bistupur P.S. Case No.236 of 2019 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 further conditions as laid down under Section 438(2) of the Code of Criminal

Procedure.