Allowed

Manoj Kumar v. the State of Jharkhand

Jharkhand HC2 Apr 2018A.B.A./440/2018

Case brief

AI extract

What is this about?

This bench granted anticipatory bail to two petitioners facing arrest in a theft and dishonesty case under the IPC. The court ordered surrender within four weeks and imposed strict conditions regarding court attendance, cooperation, and cell phone release for investigation purposes.

What did the court decide?

Anticipatory bail granted subject to conditions of surrendering within four weeks, furnishing bail bonds and sureties, and cooperating with investigation.

Manoj Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 440 of 2018

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Manoj Kumar

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Raj Bahadur Singh

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….. Petitioners

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Versus

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The State of Jharkhand ….. Opp. Party

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---------

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH ---------

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For the Petitioners : Mr. Binod Kumar Jha, Advocate. For the State : A.P.P.

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04/Dated: 02/04/2018

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Petitioners are apprehending their arrest in connection with Sarwan P.S. Case No. 124 of 2017, corresponding to G.R. No. 1726 of 2017, registered under Sections 379, 411 of the I.P.C., Section 4 / 54 (1) & (2) of Jharkhand Mines & Minerals Concession Rules, 2004.

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Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. The petitioner no. 2 is the owner of the truck bearing registration no. BR-11F-4421 and petitioner no. 1 is the driver of the said truck. Learned counsel for the petitioners has filed supplementary affidavit, wherein it has been stated that petitioners have no criminal antecedent.

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Learned APP has opposed the prayer for anticipatory bail.

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Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 15,000/(Rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Deoghar, in connection with Sarwan P.S. Case No. 124 of 2017, corresponding to G.R. No. 1726 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:-

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(i) One of the bailers shall be the local resident of Deoghar district, solvent person.

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(ii) On the date of furnishing bail bonds, petitioner no. 2 shall deposit Rs. 5,000/- in the court below, which shall be subject to the result of the case and the said deposition will not prejudice the case of the petitioner during trial.

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-2-

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(iii) Petitioners will give an affidavit through their Parivikar that during course of investigation, they will cooperate in investigation and they will remain physically present in the court below as and when their presence is required. (iv) Petitioners are further directed that along with the bail bonds, they will furnish their Cell numbers and xerox copy of AADHAR Card in the court below.

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(v) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioners, he will file an application through APP in the court below and the court below shall release the Cell Numbers of the petitioners to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioners fixing date, time and place and, thereafter, petitioners will appear and get their statement recorded. If petitioners fail to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioners.

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Let a copy of order be communicated to the court below and also handed over to the learned APP for transmission to the I.O.

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(Anant Bijay Singh, J.)

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Sunil/

Manoj Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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