Allowed

Prabhash Kumar v. the State of Jharkhand

Jharkhand HC18 Mar 2021A.B.A./880/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to four petitioners facing allegations under Sections 379, 414, 467, 468, 471 of the IPC and Section 54 of J.M.M.C. Rules, 2004. The court relied on the petitioner's counsel's undertaking to remove stamp defects and potential cooperation with the investigation.

What did the court decide?

Anticipatory bail granted with cash security of Rs. 10,000 and bail bond bond of Rs. 25,000 each with two sureties, subject to conditions.

Prabhash Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 880 of 2021

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Prabhash Kumar

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Dhaneshwar Bhagat

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Sunil Gupta

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Rameshwar Kumar … Petitioners Versus

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Aman Shekhar, Advocate For the State : Mr. P.D. Agrawal, Addl. P.P.

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Order No.02 Dated- 18.03.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Mirzachouki P.S. Case No.41 of 2020 registered under sections 379/414/467/468/471 of the Indian Penal Code and under Section 54 of J.M.M.C. Rules, 2004.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners are the owner of the trucks which were seized by police for transporting illegally excavated stone chips. It is further submitted that the allegations against the petitioners are all false and are general and omnibus in nature. It is next submitted that the petitioners have no knowledge about their vehicle being involved in any illegal activity and the petitioners have no criminal antecedent as has been mentioned in paragraph no. 17 of the anticipatory bail application. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and

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undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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

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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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sahibganj, in connection with Mirzachouki P.S. Case No.41 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Prabhash Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prabhash Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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