Single Judge allowed anticipatory bail to the petitioner apprehending arrest in Bankmore P.S. Case under IPC and Excise Act sections, directing surrender within two weeks and furnishing bond with sureties.
Petitioner directed to surrender within two weeks and be released on bail by furnishing bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6423 of 2022
Sagai Mandal @ Saday Mandal … … Petitioner - Versus -
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For Petitioner : M/s. M. K. Sinha, Advocate For the State : M/s. V. S. Sahay, A.P.P
05/04.11.2022 Defect(s) as pointed out by the office has already been
removed.
Heard the Parties.
Petitioner is apprehending his arrest in connection with Bankmore P.S. Case No. 148/2018, corresponding to G.R. Case No. 2353/2018, registered under Sections 467/ 468/ 471/ 420 of the Indian Penal Code and Sections 47(a)/ 47(f) of the Excise Act, pending in the Court of learned C.J.M., Dhanbad.
Earlier anticipatory Bail Application of the petitioner was dismissed on the ground that police had not prayed for issuance of warrant of arrest of the petitioner, as such there was no apprehension of his arrest.
Supplementary affidavit has been filed annexing the order dated 06.07.2022 vide which the warrant of arrest has been issued against the petitioner.
It is a alleged that on 06.06.2018 at about 09:00 p.m. officer-in-charge of Bankmore police received confidential information that accused Suraj Kumar Saw, Prakash Saw and Santosh Kumar Kushwaha had kept spurious liquor in a house adjacent to railway colony near Tiwari lane. On the basis of this information the place of occurrence was raided and huge quantity of spurious liquor were recovered. Two of the accused, namely, Suraj Kumar Saw and Prakash Saw were apprehended.
The petitioner is not named in the F.I.R. nothing has been recovered from his possession. It was submitted that some of the independent witnesses have stated the name of this petitioner that he is also involved in the business of sale of spurious liquor.
Learned A.P.P. has opposed the prayer for bail of the petitioner but has not disputed the aforesaid facts.
Regard being had to the facts and circumstance of the case, I am inclined to extend the privilege of Anticipatory Bail to the petitioner. He is directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Bankmore P.S. Case No. 148/2018, corresponding to G.R. Case No. 2353/2018, Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Saurabh
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner given the fresh apprehension of arrest due to the issuance of a warrant.
What conditions should be imposed for the grant of anticipatory bail.
Whether the petitioner's non-naming in the FIR precludes the grant of bail given witness statements against him.
1 provisions across 1 enactments
Sagai Mandal
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
