The High Court granted anticipatory bail to the petitioner, who was apprehended of arrest in a case involving foreign liquor seizure. Directions were issued for surrender within four weeks on the execution of a bond with cash security.
Grant of anticipatory bail provided to petitioner in conjunction with surrender and deposit of surety.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3288 of 2017
Chintamani Mahto .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anjani Kr. Singh, Advocate For the State : Addl.P.P.
03/15.06.2017 Apprehending his arrest in connection with Nimiyaghat P.S. Case No.17 of 2017 instituted under Sections 272/273/290 of the Indian Penal Code, and Section 47-A of Excise Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioner submitted that it is alleged that the petitioner is the owner of Chintamani Mahto Hotel from which foreign liquor bottles were seized by the police. But he has no concern with the said seized bottles of foreign liquor nor he has any concern with the said hotel. It is further submitted that he is a para teacher by profession and in evidence thereof he has submitted a copy of his identity card issued in connection with the general election of the year 2014. Moreover, he has no criminal antecedent and he is not involved in any other case. Hence, the petitioner may be given the privileges of anticipatory bail.
Learned Addl.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 Judicial Magistrate, 1st Class, Giridih within four weeks from today and in the event of his arrest or surrendering in the court learned Judicial Magistrate, 1st Class, Giridih, the petitioner will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) as cash security and on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Giridih in connection with Nimiyaghat P.S. Case No.17 of 2017 corresponding to G.R. No.640 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a case alleging possession of foreign liquor.
1 provisions across 1 enactments
Chintamani Mahto
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
