Allowed

Mantu Mahato Alias Debendra Nath Mahato v. the State of Jharkhand

Jharkhand HC4 Aug 2022A.B.A./4291/2022

Case brief

AI extract

What is this about?

The petitioner filed an anticipatory bail application in connection with offenses under the Indian Penal Code and the Excise Act regarding illicit liquor preparation. The High Court dismissed objections and granted the bail on furnishing a security bond and complying with standard conditions without expressing an opinion on merits.

What did the court decide?

Anticipatory bail granted on a bond of Rs. 15,000/- with two sureties subject to standard bail conditions.

Mantu Mahato Alias Debendra Nath Mahato Vs the State of… — Cheque Dishonour | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4291 of 2022 Mantu Mahato @ Debendra Nath Mahato …. ….. Petitioner Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Shravan Kumar, Advocate For the State : Mr. A.K. Tiwari, A.P.P.

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6/04.08.2022 Heard learned counsel for the applicant and learned APP for the State.

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This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with MGM P.S. Case No.21 of 2022, registered under section 269, 270, 272, 34 of the Indian Penal Code and section 47 of the Excise Act, pending in the court of learned Judicial Magistrate, Ist Class, Jamshedpur.

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Learned counsel for the applicant has submitted that the FIR of this case was lodged against 10 named accused including the applicant with these allegations that all the accused persons were involved in preparing the illicit liquor in Jungle of village Suklara, Dobha Pani and Aambera and during raid the tools of preparing illicit liquor and other raw materials were also recovered.

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Learned counsel for the applicant has submitted that in the FIR the allegations against all the named accused are general and omnibus. No specific role has been assigned to the present applicant. The alleged recovery of raw materials and tools for preparing illicit liquor are from the jungle of the village and not from the premises of the applicant. Indeed, the applicant has been falsely implicated in this case. He has no concern with the alleged offence. The applicant is having no criminal antecedent.

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Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.

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In the event of arrest, the above named applicant involved in the aforesaid case be released on anticipatory bail, on his furnishing bail bond of Rs.15,000/-(Rupees fifteen Thousand) with two sureties of the like amount to the satisfaction of the court concerned on the following conditions :-

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i. The applicant shall make himself available for interrogation by a police officer as and when required.

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ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer or tamper with the evidence.

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iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.

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(Subhash Chand, J.)

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Tarun

Mantu Mahato Alias Debendra Nath Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mantu Mahato Alias Debendra Nath Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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