High CourtsSingle Bench

Narayan Bhuiyan vs State Of Jharkhand

Jharkhand High Court · Decided on 2 November 2020 · Citation: (2020) 11 JH CK 0117

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 272, 273 · Central Excise Act, 1944 — Section 47(a) · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5354 Of 2020
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Judgment

18 paragraphs · 392 words

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chandwara P.S. Case No.66

of 2020 registered under sections 272/273 of the Indian Penal Code and under Section 47 (a) of Excise Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was selling illegally distilled country made

liquor. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has no criminal antecedent as

has been mentioned in paragraph no. 10 of the anticipatory bail application. It is then submitted that the petitioner is ready and willing to furnish

sufficient security including cash security and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be

given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on depositing cash security of Rs.2000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

sureties of the like amount each to the satisfaction of learned C.J.M., Koderma, in connection with Chandwara P.S. Case No.66 of 2020 with the

condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him

and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number

during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. .