Allowed

Amarnath Jaiswal Alias Amar Nath Jaiswal v. the State of Jharkhand

Jharkhand HC16 Sept 2021A.B.A./716/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving alleged black-marketing of fertilizers. The court directed release upon arrest if the petitioner deposits Rs. 5,20,000 with the Deputy Commissioner and fulfills bail conditions.

What did the court decide?

Release on bail in case of arrest/surrender within 8 weeks upon deposit of Rs.5,20,000 with DC, Garhwa and filing bail bond with sureties.

Amarnath Jaiswal Alias Amar Nath Jaiswal Vs the State of… — Bail and Remand | Jharkhand HC (2021)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 716 of 2021

¶2

Amarnath Jaiswal @ Amar Nath Jaiswal

¶3

… Petitioner

¶4

Versus The State of Jharkhand … Opposite Party

¶5

------

¶6

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶7

For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P.

¶8

------

¶9

Order No.03 Dated- 16.09.2021

¶10

Heard the parties through video conferencing.

¶11

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ketar P.S. Case No.104 of 2020 registered under sections 420 of the Indian Penal Code and under Section 7 of E.C. Act.

¶12

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in black-marketing by receiving and selling of fertilizers illegally and upon inspection made by the District Cooperative Officer, Garhwa, it was found that he used to sell fertilizers on a price more than the genuine price of Rs.266.50 per each 45 kg bag. It is further submitted that the allegations against the petitioner are all false and due to lockdown the necessary POS machine required for issuing receipt could not be brought from Ranchi. It is then submitted that the petitioner is ready and willing to deposit Rs.5,20,000/- with the Deputy Commissioner, Garhwa without prejudice to his defence in this case, subject to final decision of the case and undertakes to cooperate with the investigation of the case and the co-accused person with the similar allegation has been given the privilege of anticipatory bail by this court. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

¶13

Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.

¶14

Considering the submissions of the counsels and the fact as discussed above, 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 eight weeks from the date of this order, he shall be released on bail on showing the proof of deposit of Rs.5,20,000/- with the Deputy Commissioner, Garhwa without prejudice to his defence in this case, subject to final decision of the case 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., Garhwa, in connection with Ketar P.S. Case No.104 of 2020 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.

¶15

At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money, if any, deposited by the petitioner with the Deputy Commissioner, Garhwa in connection with this case.

¶16

(Anil Kumar Choudhary, J . )

¶17

Sonu/Gunjan-

Amarnath Jaiswal Alias Amar Nath Jaiswal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Amarnath Jaiswal Alias Amar Nath Jaiswal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naren Tiriya Alias Narayan Tiriya Alias Naren Vs the State of Jharkhand

Prashant Bajpai Vs Union of India through CBI

Sonu Ravi Das Vs the State of Jharkhand

Anand Kumar Gupta Vs the State of Jharkhand

Bhuneshwar Sahu Vs the State of Jharkhand

Birendra Kumar Alias Sonu Yadav Alias Birendra Yadav Vs the State of Jharkhand