Anticipatory bail prayer rejected for petitioners 1 and 2 due to inclination to grant bail; granted for petitioners 3 and 4 with conditions regarding surrender, bail bond, and deposit.
Rejected bail for Petitioners 1 & 2; granted bail for Petitioners 3 & 4 subject to surrender, bond, and deposit conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No.7384 of 2017
Versus
The State of Jharkhand ........Opposite Party CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH For the Petitioners :Mr. Gautam Kumar Singh, Advocate
For the State :A.P.P.
05/Dated: 05/03/2018
The petitioners are apprehending their arrest in connection with Complaint Case No. 225 of 2017 for the offence under sections 47(a) of the Jharkhand Excise Act.
Learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case. No case under the alleged sections is made out against the petitioners. It is further submitted that the petitioners have never took the prremises on rent for the alleged purpose or any other purpose.
Learned A.P.P opposed the prayer for anticipatory bail.
In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner nos. 1 & 2 namely, Anand Mohan and Jagmohan @ Jagmohan Prasad. Accordingly, their prayer for anticipatory bail is hereby rejected.
So far as the prayer for anticipatory bail on behalf petitioner nos. 3 & 4 are concerned, I am inclined to grant anticipatory bail to the petitioner nos. 3 & 4. Accordingly, petitioner nos. 3 & 4 namely, Uday Pratap Singh @ Uday Kumar Yadav and Manoj Kumar 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 them on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)each, with two sureties of the like amount each to the satisfaction of the court of Sri Kuldeep, learned J.M, Ist Class, Ghatsila in connection with Complaint Case No. 225 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C . Further, the petitioner nos. 3 & 4 are directed to deposit Rs. 10,000/- before the trial court on the date of their surrender. It is made clear that deposition of aforesaid amount would be subject to result of the case and will not prejudice the case of the petitioner nos. 3 & 4 during trial.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest for offences under the Jharkhand Excise Act.
1 provisions across 1 enactments
Anand Mohan
Jagmohan @ Jagmohan Prasad
Uday Pratap Singh @ Uday Kumar Yadav
Manoj Kumar
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
