Sharik Akhtar vs State of Jharkhand

Ananda Sen, J.—Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

The petitioner has been apprehending his arrest in connection with Sakchi P.S. case no.165 of 2015 registered under Sections 406/420 of the Indian Penal Code.

The allegation against the petitioner is that he had taken a vehicle from the complainant for going to Nawada for treatment of his mother but he did not return the vehicle.

Learned counsel appearing for the petitioner submits that the vehicle in question was seized by the Odisha police in a case registered under the Narcotic Drugs and Psychotropic Substance Act on 28.8.2015. He further submits that if the petitioner had taken the vehicle, he would have been arrested on the spot by the police personnel of M. Rampur P.S. Camp at Mohangiri. In paragraph 7 of the counter affidavit it is mentioned that Odisha police has requested to take steps to arrest this petitioner which is apparent from paragraph 15 of the case dairy. He further submits that the some ante-dated documents have been manufactured by the owner of the vehicle in the name of the petitioner just to save his skin in the NDPS Act case.

Counsel for the opposite party opposes the prayer for anticipatory bail of the petitioner.

After hearing learned counsel appearing for the petitioner and the APP, I find that the vehicle was involved under NDPS Act and was seized on 28.8.2015. This case has been instituted on a complaint on 1.9.2015 i.e. much after seizure of the vehicle. It is also apparent from paragraph 19 of the case diary that the petitioner was not arrested on the spot while the vehicle was seized by the Orissa police and that the vehicle is still in the name of Ajay Kumar Singh.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, namely, Sharik Akhtar. Accordingly, it is directed that in the event of arrest/surrender, the petitioner above named shall be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamshedpur in Sakchi P.S. case no.165 of 2015 corresponding to G.R.No.2977 of 2015 subject to condition laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner will co-operate in the investigation, failing which the Investigating Officer will take appropriate steps for cancellation of the privilege of bail.