Rajendra Prasad Saw vs State of Jharkhand

Heard the parties through video conferencing.

Learned senior counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is

over.

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

present.

Apprehending his arrest in connection with Nawadih P.S. Case No.54 of 2020 corresponding to G.R. No.726 of 2020 instituted under Sections 467,

468, 471, 420 and 120-B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner furnished a forged arms

license and on the basis of that forged license, he was engaged as gun-man by S.I.S. (Security and Intelligence Service India Ltd.). It is then

submitted that the petitioner approached one Gurucharan Mahto who was working as a gun-man with the said Security agency, for helping him to

obtain his arms license and the petitioner, on payment of Rs.5,000/- as first installment of the total expenses of ₹ 15,000/-, got the said arms license

prepared by Gurucharan Mahto and he had no knowledge about the arms license being a forged document. It is submitted that the allegation against

the petitioner is false. It is next submitted that the petitioner never misused the arms license and after coming to know about the misdeeds of

Gurucharan Mahto, the petitioner has filed a complaint against Gurucharan Mahto vide Complaint Petition No.1174 of 2020 in the court of Chief

Judicial Magistrate, Dhanbad. It is next submitted that the petitioner has been recruited as a Constable by Jharkhand Police and now he is posted in

Dhanbad. It is lastly submitted that the petitioner is ready and willing to co- operate with the investigation of the case. Hence, it is submitted that the

petitioner be given the privileges of anticipatory bail.

Learned 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 A.C.J.M., Bermo at Tenughat within six weeks from today

and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two

sureties of the like amount each to the satisfaction of learned A.C.J.M., Bermo at Tenughat in connection with Nawadih P.S. Case No.54 of 2020

corresponding to G.R. No.726 of 2020 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.