High CourtsSingle Bench

Suman Kumar vs State Of Jharkhand

Jharkhand High Court · Decided on 24 August 2021 · Citation: (2021) 08 JH CK 0059

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 414, 467, 468, 471 · Coal Mines (Nationalisation) Act, 1973 — Section 30 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5697 Of 2021
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Judgment

20 paragraphs · 421 words

Anil Kumar Choudhary, J

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 Korrah P.S. Case No. 36 of 2021 instituted under Sections 414, 467, 468, 471, 34 of the Indian Penal Code

and Section 30 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 being the owner of the truck bearing

Registration No.BR52-9756 was involved in illegal transportation of coal on the basis of forged documents. It is submitted that the allegation against

the petitioner is false. It is next submitted that the petitioner had no knowledge about his vehicle being involved in any illegal activity. Drawing attention

of this Court towards para-10 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal

antecedent. 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 Spl.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 within six weeks from today and in the event of his arrest or

surrendering, he will be enlarged on bail on depositing Rs.25,000/-(Rupees twenty five 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 ACJM, Hazaribag in connection with

Korrah P.S. Case No. 36 of 2021 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.