In a petition for anticipatory bail regarding illegal liquor trafficking, the High Court of Jharkhand refused relief, citing the applicant's criminal antecedents and failure to respond to notice under Section 41(A) Cr.P.C., despite claims of innocence.
Prayer for anticipatory bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4451 of 2023
Vinod Chauhan
…. …. Petitioner(s)/Applicant(s)
Versus
The State of Jharkhand …. …. Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner(s)/Applicant(s) : Md. Sajid Yunus, Adv. For the State : Mr. Azeemuddin, A.P.P. ----
05/Dated: 19th December, 2023
1. Heard learned counsel for the parties.
2. Apprehending his arrest, the applicant has approached this Court for grant of privilege of anticipatory bail, in connection with Satgawan P.S. Case No.08 of 2023, registered for the offence under Sections 272, 273 & 34 of the Indian Penal Code and Section 47(a) of the Excise Act, pending in the court of learned J.M., 1st Class, Koderma.
3. Innocence of the applicant has been claimed and undertaking has been given for co-operating with the investigating agency and participation in the trial. It has been submitted that the applicant has been roped in the present case only on the basis that he is the owner of the offending vehicle and the same was in the control and possession of the driver. This applicant has no concerned with the seized liquor. On the above basis, prayer for bail has been made.
4. Learned counsel for the State has opposed the prayer for bail and it has been submitted the applicant has criminal antecedents. Further, it has been submitted that the applicant has also not responded to the notice issued under section 41(A) of the Cr.P.C.
5. Considering the above facts, I am not inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, his prayer for bail is hereby, rejected.
(Rajesh Kumar, J.)
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2 issues framed by the court
Whether anticipatory bail should be granted to an accused apprehending arrest in an excise offence where innocence is claimed and an undertaking for cooperation has been given.
Whether prior criminal antecedents and failure to respond to notice under Section 41(A) Cr.P.C. are sufficient grounds to refuse anticipatory bail.
3 provisions across 3 enactments
Vinod Chauhan
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
