In an anticipatory bail petition, the High Court of Jharkhand granted relief after finding the petitioner had no direct involvement in the hiring of the vehicle. The court directed surrender within four weeks.
Grant of anticipatory bail directed to surrender within four weeks and furnish a bond of Rs. 10,000 with two sureties.
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.6605 of 2019
Sanjeeb Kumar Singh …… Petitioner
Versus The State of Jharkhand ….. Opp. Party ---------
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
--------- For the Petitioner : Ms. Supriya Dayal, Advocate For the State : Mr. Tapas Roy, A.P.P. ---------
04/Dated: 03rd October, 2020
1. Office to delete the name of Mr. Rakesh Kumar Sinha and mention the name of Mr. Tapas Roy, as the counsel for the State, in the daily cause list.
2. The petitioner is apprehending his arrest in connection with Golmuri (Burma Mines) P.S. Case No.83 of 2010, corresponding to G.R. No.808 of 2010, registered under Sections 406/ 407/ 34 of the Indian Penal Code, pending in the court of Judicial Magistrate, 1st Class, Jamshedpur.
3. Having heard learned counsel for the petitioner and learned A.P.P and on perusal of the F.I.R., it is evident that the informant had hired the truck bearing registration No.WB23B-1294 from the broker Dev Banerjee @ Debu Babu, for transportation of the materials. The driver of the truck was Rabindra Prasad. The truck was recovered but the loaded articles have not been recovered. The petitioner is the owner of the truck and as per narration in the F.I.R, the informant did not have any direct dealing, in hiring of the truck, with the petitioner.
4. Having regard to the facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. The petitioner is directed to surrender in the court below within four weeks from the date of receipt/ production of copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail on his furnishing the bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of Judicial Magistrate, 1st Class, Jamshedpur, in connection with Golmuri (Burma Mines) P.S. Case No.83 of 2010, corresponding to G.R. No.808 of 2010, on the conditions as laid down under Section 438(2) Cr.P.C.
(AMITAV K. GUPTA, J.)
Chandan/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving Sections 406, 407, and 34 of the Indian Penal Code.
Whether the prosecution against the truck owner has sufficient nexus when the informant had no direct dealing with him.
1 provisions across 1 enactments
Sanjeeb Kumar Singh
The State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
