The Court extended anticipatory bail to petitioners facing charges regarding possession and sale of coal. The order mandates surrender within four weeks and furnishing of a bail bond with conditions to cooperate with investigation.
Anticipatory bail granted with direction to surrender within four weeks and furnish bail bond.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.247 of 2023
------ Kabirul Sheikh .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party With A.B.A. No.258 of 2023 ------ 1. Rinku Sk @ Rintu Sk 2. Morjem Sk .... .... …. Petitioners Versus The State of Jharkhand .... .... ....Opposite Party ------
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate For the State : Mrs. Kumari Rashmi, Addl.P.P Mrs. Ruby Pandey, Adv.
------
Order No.05 Dated- 05.07.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with Masalia P.S. Case No. 66 of 2022 instituted under Sections 420, 414, 120-B and 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.
Both anticipatory bail applications arising out of same FIR, has been heard together.
As per FIR, a raid was conducted in coal depot at Asthajora, Masalia and found two trucks loaded with 30 tonnes and 10 tonnes of coal on each respectively. On seeing the raiding team, all miscreants fled away from the place of occurrence and 20 tins, weighing machine, cycle, motor-cycle and other articles have been recovered from there.
Learned senior counsel for the petitioners has submitted that nothing has been recovered from the possession of petitioners and they have produced all valid documents of purchase of coal before the Investigating Officer in compliance of the notice issued to them under Section 41(A) of C.PC and they have co-operated with the investigation of the case and up till now, no documents produced by petitioners were found to be bogus. Petitioners have no criminal antecedents and undertake to co-operate with the investigation of the case. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners is directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Dumka in connection with Masalia P.S. Case No. 66 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.
(Pradeep Kumar Srivastava, J.)
Pappu/
1 issue framed by the court
Whether anticipatory bail should be extended to the petitioners apprehending arrest in connection with the coal depot case under Section 420 and other Sections of the Indian Penal Code.
1 provisions across 1 enactments
Kabirul Sheikh
Rinku Sk
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
