In an anticipatory bail application wherein the petitioner feared arrest for coal smuggling, the High Court allowed the bail, directed surrender within two weeks, and ordered a deposit of security money and furnishing of a bank guarantee.
Anticipatory bail allowed; surrender ordered within two weeks; bail bond and security deposit mandated.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3924 of 2022
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Prayag Das .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Prashant Kumar Rai, Advocate For the State : Mr. P.K. Chatterjee, A.P.P.
Oral Order
08/ Dated : 08.12.2022
The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Karon P.S. Case No. 10 of 2022 for the offence registered under Sections 414/34 of the Indian Penal Code and Section 30(ii) of the Coal Mines Act, is pressed into motion.
As per the prosecution case, 30 ton coal was seized without any valid paper from the open place behind the house of the petitioner.
It is submitted by the learned counsel on behalf of the petitioner that the documents have been filed to show that it was purchased by this petitioner from one Sarita Devi. It is further submitted that petitioner has one criminal antecedent being Karon P.S. Case No. 07 of 2021 in which he has been acquitted.
Learned A.P.P. has opposed the prayer for bail.
Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will deposit Rs.50,000/- as security amount in the Court below.
The petitioner will co-operate in the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.
Anit
2 issues framed by the court
Whether the anticipatory bail application considering the apprehension of arrest should be allowed.
Whether the applicant should be directed to surrender and deposit security money and furnish bank guarantee.
1 provisions across 1 enactments
Prayag Das
The State of Jharkhand
GAUTAM KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
