The High Court granted anticipatory bail to the petitioner in a case involving theft of rail poles, directing him to surrender within four months and deposit secured amount with the Executive Engineer.
Grant of anticipatory bail pending surrender, directing deposit of Rs. 1,00,000 and furnishing sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 513 of 2022
Ganga Kumar Yadav … Petitioner Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Naveen Kr. Jaiswal, Advocate For the State : Mrs. Nehala Sharmin, Addl. P.P.
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Order No.02 Dated- 09.02.2022
Heard the parties through video conferencing.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jasidih P.S. Case No.139 of 2021 registered under sections 379/411/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner hired the truck of the coaccused Ranjit Kumar which was seized by police while being involved in transportation of 41 pieces of stolen rail poles (electric poles). It is submitted that the allegation against the petitioner is false. It is further submitted that the petitioner undertakes to cooperate with the investigation of the case and to deposit Rs.1,00,000/- with the informant-Executive Engineer, Electricity Office, Electricity Central Store, Deoghar without prejudice to his defence in this case subject to final decision of the case. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 22.10.2021, in A.B.A. No. 7845 of 2021. Hence, it is submitted that the petitioner be also given the privileges of anticipatory bail.
Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Deoghar within
four months from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of deposit of Rs.1,00,000/- with the informant- Executive Engineer, Electricity Office, Electricity Central Store, Deoghar and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Deoghar in connection with Jasidih P.S. Case No.139 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.
In case the petitioner deposits Rs.1,00,000/- with the informant-Executive Engineer, Electricity Office, Electricity Central Store, Deoghar, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the petitioner is entitled to the grant of anticipatory bail in the present circumstances.
2 provisions across 2 enactments
Ganga Kumar Yadav
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
