Sudhir Mahato vs State Of Jharkhand

Heard the parties through video conferencing. Learned 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 counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Barwadda P.S. Case No. 117 of 2020 instituted under Sections 188/414/34 of the Indian Penal Code and

Section 30(ii) of Coal Mines (Nationalization) Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal transaction of

stolen coal. It is submitted that the allegation against the petitioner is false. It is next submitted by learned counsel for the petitioner that allegation

against the petitioner is general and omnibus in nature and he has been implicated in this case only on the basis of surmises and presumption. It is lastly

submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash

security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.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 J.M.1st Class, Dhanbad within six weeks from today and in the event of his arrest or surrendering, he will be

enlarged on bail on depositing Rs.15,000/-(Rupees fifteen thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five

thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Dhanbad in connection with Barwadda P.S. Case No.

117 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.