The High Court of Jharkhand granted anticipatory bail to the petitioner, a 70-year-old man with no criminal antecedent, subject to a cash security deposit of Rs. 10,000 and surrender within four weeks in a liquor case.
Anticipatory bail granted subject to deposit of Rs. 10,000 cash security and surrender within four weeks.
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. 227 of 2021
Rameshwar Choudhary ….........Petitioner Vrs. The State of Jharkhand ….......... Opposite Party …....
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Sanjay Kr. Tiwari, Advocate For the State : Mr. Vineet Kr. Vashistha, A.P.P.
03 /19.03.2021 Heard learned counsel for the petitioner Mr. Sanjay Kumar Tiwari and Mr. Vineet Kr. Vashishtha, learned A.P.P.
Petitioners seek protection of anticipatory bail in terms of Section 438 Cr.P.C. in connection with Kandi P.S. Case No. 122 of 2020 for the offence registered under Section 272, 273, 34 of the I.P.C and Section 47(A) of the Excise Act, pending in the court of learned Judicial Magistrate, 1st Class, Garhwa.
Learned counsel for the petitioners submits that as per the F.I.R 8 liters of country made liquor have been recovered from the house of the petitioner. Petitioner is a 70 years old man with no criminal antecedent. He has been falsely implicated in the case. Therefore, he may be protected from unnecessary arrest.
Learned A.P.P. has opposed the prayer. He submits that no valid paper was shown by the petitioner and other accused persons for keeping the aforesaid liquor.
I have considered the submission of learned counsel for the parties and taken note of the aforesaid facts and circumstances. In the aforesaid facts and circumstances, I am inclined to grant the privilege of anticipatory bail to the petitioner subject to the deposit of cash security of Rs.10,000/-.
Accordingly, petitioner, above named, shall deposit a cash security of Rs.10,000/- in the court below and in the event of his surrender or arrest within in a period of 4 weeks, he shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Garhwa in connection with Kandi P.S. Case No. 122 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
-2-
Petitioner shall co-operate with the investigation of the case and that he and his bailors will not change their mobile number and address without prior permission of the learned Trial Court during the pendency of the case.
(Aparesh Kumar Singh, J.)
A.Mohanty
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with the illegal manufacture and sale of country liquor.
What conditions should be imposed for granting anticipatory bail to the petitioner.
1 provisions across 1 enactments
Rameshwar Choudhary
The State of Jharkhand
Aparesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
