Rahul Kumar vs State Of Jharkhand

Rajesh Shankar, J

The petitioner is apprehending his arrest in a case registered under Sections 272/273/278/290/414/420/34 of the Indian Penal Code and Section 47(a) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner is the owner of vehicle (Hyundai Verna) bearing registration no. WB-38S-9745 which was said to have been used in commission of the alleged offence. The petitioner had no knowledge about the fact that the driver of his car i.e., co-accused-Naresh Singh, had used the same for commission of the alleged offence. The petitioner has no criminal antecedent as has been stated in paragraph-13 of the present anticipatory bail application. Another co-accused Anil Yadav has already been granted privilege of anticipatory bail by this Court vide order dated 16.09.2020 passed in A.B.A. No. 3800 of 2020. Under the said circumstance, the petitioner may be given the privilege of anticipatory bail.

Vide order dated 29.09.2023, learned A.P.P. was directed to seek instruction as to whether the processes under Sections 82 and 83 of Cr.P.C. have been issued against the petitioner in connection with the present case.

Mr. Naveen Kumar Ganjhu, learned A.P.P. appearing on behalf of the State, on instruction, submits that no process under Section 82 or 83 of Cr.P.C. has been issued against the petitioner. He, however, opposes the petitioner’s prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the present case, I am inclined to grant the privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of his arrest or surrender before the concerned court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Hazaribagh in connection with Gorhar P.S. Case No. 14 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.