Single judge allowed petitioner’s anticipatory bail plea under Section 438 CrPC in a case involving illegal coal transportation. Court ordered release upon arrest/surrender within four weeks.
Petitioner granted privilege of anticipatory bail with conditions regarding security deposit, sureties, and cooperation with investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 508 of 2019
Deepak Digar … Petitioner Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : None For the State : None
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Order No.02 Dated- 12.02.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bermo P.S. Case No.199 of 2018 (G.R. No. 1293 of 2018) registered under sections 414 of the Indian Penal Code.
No one turns up on behalf of the petitioner in-spite of repeated calls.
Perusal of the record reveals that the allegation against the petitioner is that the petitioner is the owner-cum-driver of the Tempo bearing registration no. JH09AE-0988 which was seized by police along with four bags of coal while the said coal was illegally transported. It has further been mentioned in the petition that the petitioner has nothing to do with the seized coal and he has no knowledge of his Tempo being involved in any illegal activity. It has also been averred in the petition that the petitioner is ready and willing to furnish sufficient security.
Considering the facts and circumstances, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.2000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bermo at Tenughat, in connection with Bermo P.S. Case No.199 of 2018 (G.R. No. 1293 of 2018) with the condition that the petitioner will cooperate with the
investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the alleged illegal transportation of coal.
Whether the conditions for granting bail are satisfied given the petitioner has offered security and cooperation.
2 provisions across 2 enactments
Deepak Digar
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
