Subhash Chandra Roy vs State of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sonaraithari P.S. Case No.54 of 2016 (G.R. No. 1828 of 2016) registered under sections 406/409/467/468/471/472/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the panchayat sevak in furtherance of common intention with the co- accused persons has made an illegal withdrawal of Rs.1,14,000/-. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready and willing to deposit Rs.50,000/- with the B.D.O., Sonaraithari without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on showing the proof of deposit of Rs.50,000/- with the B.D.O., Sonaraithari and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Deoghar, in connection with Sonaraithari P.S. Case No.54 of 2016 (G.R. No. 1828 of 2016) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.