Rajendra Jana And Others vs State Of Jharkhand

Anubha Rawat Choudhary, J

Heard Mr. Prashant Kumar Rai, learned counsel appearing on behalf of the petitioners.

Heard Mr. P.D. Agarwal, learned counsel appearing on behalf of the opposite party-State.

Learned counsel for the petitioners submits that the petitioners are in custody in connection with Deori P.S. Case No. 93 of 2021, for the offence punishable under Sections 379/411/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Learned counsel for the petitioners submits that as per the allegation, theft was conducted from the tanker in transit from West Bengal to Bihar by using pipe. The learned counsel has also submitted that the present petitioners are in custody since 12.06.2021 and charge sheet has already been submitted. He also submits that there is no corresponding theft report from the side of the owners of the tanker i.e. seller or purchaser of the materials of the tanker. The learned counsel submits that the petitioners do not have any criminal antecedent as per his instructions. He has also submitted that the petitioners are ready to abide by any condition as may be imposed by this court and the petitioners are ready to attend the court physically on each and every date for expeditious disposal of the case. He has also submitted that if the petitioners do not appear on any date, it may be kept open to the learned court below to immediately cancel the bail bond furnished by the petitioners. Learned counsel has referred to the order dated 26.08.2021 passed by this court in A.B.A. No. 5804 of 2021, wherein two co-accused have been granted privilege of anticipatory bail.

The learned counsel appearing on behalf of the State has objected to the prayer for bail and has also submitted that in case this court is inclined to enlarge the petitioners on bail, stringent condition may be imposed.

After hearing the learned counsel for the parties and considering the facts and circumstances of this case and the fact that the petitioners are in custody since 12.06.2021 and charge sheet has been submitted, the petitioners are directed to be enlarged on bail on their furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Giridih, in connection with Deori P.S. Case No. 93 of 2021 on the following conditions:

(i) The bailors should be the local resident of the locality.

(ii) The petitioners would physically attend the court on each and every date physically and on account of their single default, learned court below shall cancel the bail bond furnished by the petitioners.

(iii) The petitioners as well as their bailors would deposit a self-attested copy of their Aadhar Card along with their mobile numbers before the learned court below which they will not change during the pendency of the case without prior permission of the court.

(iv) The petitioners shall fully co-operate with the proceedings before the learned court below.

The instant bail application is allowed with the aforesaid conditions.

Let this order be communicated to the court concerned through FAX/e-mail.