High Court of Jharkhand granted anticipatory bail to the petitioner in an Excise Act case, subject to strict conditions regarding cooperation, appearance, and cash security upon arrest or surrender.
Anticipatory bail granted subject to surrender within four weeks, bail bond of Rs. 25,000 with sureties, and payment of Rs. 20,000 cash security.
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. 8448 of 2018
Jimmi Singh … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Vikash Prasad, Adv. For the Opposite Party : Addl. P.P.
02 / 08.01.2019
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Excise Complaint case no. 775 of 2016 registered under Sections 47(a) of the Excise Act.
The learned counsel appearing for the petitioner submits that from the possession of the petitioner, only 58.44 liters of liquors has been recovered and the co-accused Mejor Singh @ Major Singh from whom more amount of liquor was recovered has already been granted privilege of anticipatory bail by a co-ordinate bench of this Court vide order dated 05.11.2018 passed in ABA no. 6703 of 2018, hence, this petitioner be given the privilege of anticipatory bail.
The learned Addl. PP opposed the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released 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 Additional Chief judicial Magistrate, Bermo at Tenugaht in connection with Excise Complaint case no. 775 of 2016 subject to the condition as laid down under
Section 438(2) of the Cr.P.C. and subject to the further conditions as follows:-
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a liquor smuggling case.
2 provisions across 2 enactments
Jimmi Singh
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
