Single Judge allowed anticipatory bail application filed by Kishan Raj apprehending arrest in Borio P.S. Case No. 169 of 2020, directing surrender within four weeks and fixing sureties under Section 438(2) CrPC.
Direction to surrender within four weeks; enlargement on bail via bond of Rs. 10,000 and two sureties under Section 438(2) CrPC.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3355 of 2020
Kishan Raj. …..Petitioner Versus The State of Jharkhand. …..Opposite Party -------Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY -------For the Petitioner : Mr. S.S. Choudhary, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. --------
02/6-10-2020 Heard the parties.
So far as defect Nos. 9 (i) & (ii) are concerned, learned counsel for the petitioner undertakes to remove the same once the situation normalizes. As regards defect nos. 8, 9 (iii) to (vi) are concerned, the same are ignored.
The petitioner apprehends his arrest in connection with Borio P.S. Case No. 169 of 2020.
Several vehicles illegally loaded with stones were seized. The petitioner appears to be one of the owners of the vehicle bearing registration no. BR-06-GD-0706. The petitioner does not seem to have any criminal antecedent as stated in this application.
It has been submitted by the learned counsel for the petitioner that the vehicle was entrusted to the driver and the petitioner cannot be held responsible for any illegal act committed by the driver.
On consideration of the aforesaid facts, the petitioner, named above, is directed to surrender in the court below within a period of four weeks from today and in such event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with Borio P.S. Case No. 169 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.
(Rongon Mukhopadhyay, J)
Rakesh/
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in connection with the Borio P.S. Case No. 169 of 2020.
What conditions should be imposed on the grant of bail.
1 provisions across 1 enactments
Kishan Raj
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
