Shabir Ansari And Ors vs State Of Jharkhand

Heard learned counsel for the petitioners Mr. Arvind Kumar Choudhary and learned A.P.P. Mr. Pradeep Kr. Verma.

Learned counsel for the petitioners undertakes to remove the following surviving defect within a period of three weeks :-

9(i) Type copy of page 9 to 15 duly certified to be true may be filed.

Petitioners are the owner and the driver of the truck bearing no.JH-10BA-7748 which was intercepted by the Police and found loaded with 24 tonnes

of coal. The invoice in the vehicle on inquiry was found to be fabricated. Therefore, petitioners have been implicated in connection with Chitra P.S.

Case No.24/2020 instituted under Sections 414/34 of the Indian Penal Code pending in the court of learned Sub-Divisional Judicial Magistrate,

Madhupur.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. They have not cheated anyone nor is there any theft

report with regard to the alleged coal to make out an offence under Section 414 I.P.C. Proper verification has not been carried about the invoice

bearing no.MKE/20-21/01 issued from Maa Kali Enterprises dated 31st May 2020. Therefore, petitioners would be subjected to unnecessary

incarceration if not granted protection of anticipatory bail. They are ready to abide by whatever conditions this Court may deem fit to impose.

Learned A.P.P. has opposed the prayer. He submits that the invoice found in the vehicle on inquiry was shown to be fabricated.

I have considered the submissions of learned counsel for the parties and taken into account the facts and circumstances above.

It appears that there is no theft report about the alleged seized coal from the truck of the petitioner no.1. However, in the facts and circumstances

noted above, I am inclined to grant the privilege of anticipatory bail to the petitioners since there are no criminal antecedents either reported against

them subject to deposit of Rs.50,000/- in the court below: Rs.40,000/- being borne by the owner and Rs.10,000/- by the driver, within a period of four

weeks. On such deposit, petitioners above named shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two

sureties of the like amount each to the satisfaction of learned S.D.J.M. Madhupur in connection with Chitra P.S. Case No. 24 of 2020, subject to the

conditions laid down u/s 438(2) Cr.P.C. with further condition that the petitioners shall cooperate in the investigation. The petitioners and the bailors

shall not change their addresses and their mobile numbers without permission of the learned trial court during pendency of this case.