The High Court of Jharkhand allowed anticipatory bail to the petitioner subject to surrender within two weeks. Bail was to be secured on furnishing a bond with two sureties and a deposit of Rs. 50,000.
Petitioner directed to surrender within two weeks; bail to be enlarged on furnishing bond with two sureties and depositing Rs. 50,000.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No.1839 of 2016
Sagar Das …… Petitioner Versus The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------For the Petitioner : Mrs. J. Mazumdar, Advocate For the State : Mr. S.K. Deo, A.P.P
03/Dated: 12/08/2016
Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Nirsa (Kalubathan) P.S. Case No. 95 of 2016, corresponding to G.R. No.1147 of 2016 for the offence registered under Sections 414/34 of the Indian Penal Code and under Section 30(ii) of the Bihar Coal Mines Act.
Learned counsel for the petitioner has submitted that the petitioner is innocent and he has committed no offence. The petitioner is the proprietor of the alleged factory i.e Diamond Fuel Industries and it is registered with the Commercial Taxes Department and the petitioner used to run the factory in question by purchasing coal from the authorized suppliers of M/s BCCL. It is further submitted that the seized coal had been validly purchased by the petitioner and he has valid paper.
Learned A.P.P opposed the prayer for anticipatory bail and filed counter affidavit. Referring to para 13 of the counter-affidavit, learned A.P.P has submitted that in para 35 of the case diary, it appears that after lodging F.I.R the petitioner prepared the documents of coal and produced before the I.O.
In the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below within two weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner 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 Sri D. K. Mishra, learned Judicial Magistrate, Dhanbad or his successor in connection with Nirsa (Kalubathan) P.S. Case No. 95 of 2016, corresponding to G.R. No.1147 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C and also subject to the condition that petitioner shall deposit Rs. 50,000/- (fifty thousand) in the Trial Court on the date of his surrender. However, the deposition of aforesaid amount shall be subject to the result of the case.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in the pending FIR.
1 provisions across 1 enactments
Sagar Das
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
