The High Court of Jharkhand granted anticipatory bail to Santosh Chandrawanshi apprehending arrest in proceedings under Section 290 IPC and Section 47(a) Excise Act regarding country liquor possession.
Anticipatory bail granted on furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 5243 of 2013
………. Santosh Chandrawanshi ... ... Petitioner Versus The State of Jharkhand ... ... Opposite Party
………. CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
………. For the Petitioner : Mr. Pravin Kumar Rana, Advocate For the State : A.P.P.
02/01.07.2014 Heard the learned counsel appearing for the parties and perused the documents on record.
The learned counsel appearing for the applicant submits that, the applicant is apprehending his arrest in connection with Jharia P.S. Case No. 449 of 2013 corresponding to G. R. Case No. 4452 of 2013 registered under Sections 290 of the Indian Penal Code and under Section 47 (a) of the Excise Act.
The learned counsel appearing for the applicant submits that the driver of the Maruti Omni car which was allegedly carrying country made liquor in plastic pouch has allegedly revealed the name of the present applicant and on that basis alone, the applicant has been made an accused in the present case. It is further submitted that neither the applicant was apprehended at the place of occurrence nor the Maruti Omni car is owned by the present applicant. Referring to the First Information Report, the learned counsel for the applicant submits that the plastic pouches containing the country made liquor, were found to have seal of Jharkhand Excise BBPPL which would indicate that the alleged country made liquor was not illegally procured. It is further submitted that there is no allegation of seized country made liquor being spurious.
The learned A.P. P. opposes the prayer for grant of anticipatory bail.
In view of the aforesaid facts and circumstances of the case, in the event of arrest of the applicant or if the applicant surrenders before the trial court within four weeks from today the applicant namely, Santosh Chandrawanshi would be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Dhanbad in connection with Jharia P.S. Case No. 449 of 2013 corresponding to G. R. Case No. 4452 of 2013.
Let a copy of this order be sent through FAX on depositing the cost by the applicant.
(Shree Chandrashekhar, J.)
Amit/
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with cases under Section 290 IPC and Section 47(a) of the Excise Act.
2 provisions across 2 enactments
Santosh Chandrawanshi
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
