Allowed

Deepak Kumar v. the State of Jharkhand

Jharkhand HC22 Aug 2022A.B.A./3695/2022

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner apprehending arrest in an FIR under Section 406 IPC alleging theft of diesel. The court directed surrender within four weeks and enrollment on bail upon arrest.

What did the court decide?

Anticipatory bail granted; accused to surrender within four weeks; on arrest/surrender, enlargement on bail with Rs. 10,000 bond and two sureties of Rs. 10,000 each.

Deepak Kumar 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. 3695 of 2022

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Deepak Kumar …… Petitioner

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Versus

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The State of Jharkhand …… Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Rakesh Kumar, Advocate For the State : Mr. Md. Hatim, A.P.P.

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Order No.04/ Dated:22.08.2022

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Nagri P.S. Case No. 89 of 2021 instituted under Sections 406 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., allegation against the petitioner is that he has got diesel fuel in his vehicle worth Rs. 7300/- and fled away without making any payment.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the F.I.R. No offence under Section 406 of the Indian Penal Code is made out against the petitioner in the given sets of facts. It is further submitted that both parties have settled their dispute outside the Court and sum of Rs. 7,300/has been deposited in the account of Rambilas Petrolpump. The offence is compoundable in nature. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner 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 petitioner.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant

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privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Nagri P.S. Case No. 89 of 2021 with the condition that he 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 he will not change his 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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R.K

Deepak Kumar v. the State of Jharkhand

Case brief

What is this about?

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Deepak Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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