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Anil Kumar Alias Anil Saw v. the State of Jharkhand

Jharkhand HC4 Aug 2022A.B.A./3370/2022

Case brief

AI extract

What is this about?

Petitioners, accused in a liquor raid case, approached the High Court for anticipatory bail apprehending arrest. The Court granted anticipatory bail subject to surrender within four weeks, furnishing a bail bond and sureties, and cooperating with the investigation.

What did the court decide?

Anticipatory bail granted on surrender within four weeks, furnishing bail bond of Rs.20,000 with two sureties, cooperation with investigation, and compliance with Section 438(2) CrPC conditions.

Anil Kumar Alias Anil Saw Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3370 of 2022

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Anil Kumar @ Anil Saw

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Manoj Saw

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Ajit Saw

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Nokhlal Saw

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Ranjan Singh

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioners : Mr. Vijay Kumar Roy, Advocate For the State : Mr. V.S. Sahay, Addl.P.P

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Order No.06 Dated- 04.08.2022

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Dhanwar P.S. Case No. 333 of 2020 instituted under Sections 269, 270, 272, 273, 290, 413, 414/34 of the Indian Penal Code, Section 47(a)(f), 52 of Excise Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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It is alleged that on 27.09.2021 at about 5:30 pm, the informant got secret information that huge quantity of spirit has illegally been kept in the house of one Baidnath Yadav for manufacturing of duplicate liquor. It is further alleged that a raid was conducted in the house of the co-accused-Baidnath Yadav and 11 drums of spirit and 30 jerkins were recovered and seized. It is further alleged that petitioners in connivance with co-accused Baidnath Yadav were involved in manufacturing the illegal liquor and selling the same in the open market illegally.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and has committed no offence at all rather they have been falsely implicated in this case on the basis of confessional statement of co-accused persons. No incriminating articles has been recovered from the conscious possession of petitioners. It is then submitted that petitioners are in no way concerned with the seized articles. In case of their arrest at the hands of police, petitioners shall sustain irreparable loss. It is further submitted that petitioners undertake to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting

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anticipatory bail. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that petitioners are involved in manufacturing and selling the illicit liquor and they have criminal antecedents. Hence, petitioners may not be extended privilege of anticipatory bail.

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Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Giridih in connection with Dhanwar P.S. Case No. 333 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Anil Kumar Alias Anil Saw v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anil Kumar Alias Anil Saw v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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