High CourtsSingle Bench

Raj Kumar Vishwakarma vs State Of Jharkhand

Jharkhand High Court · Decided on 16 August 2021 · Citation: (2021) 08 JH CK 0040

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 379, 411, 420, 467, 468 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5439 Of 2021
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Judgment

19 paragraphs · 406 words

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Barwadda P.S. Case No. 73 of 2021 instituted under Sections 379, 411, 467, 468, 420, 120-B of the Indian

Penal Code, 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 trying to commit theft of D 1

pipes and other articles. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been implicated in

this case only on the basis of confessional statement of the co-accused-Sanjay Kumar Yadav. It is further submitted that the petitioner was not

present at the place of occurrence. It is next submitted that the co-accused with similar allegation has been given the privilege of anticipatory bail by

this Court vide order dated 04.08.2021 passed in A.B.A. No.4977 of 2021. Drawing attention of this Court towards para-11 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 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 within six weeks from today and in the event of his arrest or

surrendering, he will be enlarged on bail on depositing Rs.10,000/-(Rupees ten 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 J.M.1st Class, Dhanbad in connection with Barwadda

P.S. Case No. 73 of 2021 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.