The High Court at Ranchi granted anticipatory bail to the petitioner in a case involving theft, cheating, and forgery of documents related to minor minerals. The petitioner was directed to surrender within two weeks.
Anticipatory bail granted; surrender within two weeks; release on bail upon furnishing bond and sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 455 of 2023
Md. Mofiz Alam … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. Ranjan Kumar Singh, Advocate : Mr. Swami Nath Prasad Rai, Advocate For the State : Mrs. Vandana Bharti, A.P.P. ----
05/11.04.2023
Heard the parties.
Petitioner is apprehending his arrest in connection with Mirzachowki P.S. Case No. 41 of 2020, for the offences registered under Sections 379, 414, 467, 468, 471 of the Indian Penal Code and Rule 54 of the Jharkhand Minor Minerals Concession Rules, 2004, pending in the court of learned S.D.J.M., Sahebganj.
It is alleged that petitioner is the owner of the truck bearing registration No.WB65B-6045, which was seized by the informant party while transporting stone chips on the basis of forged documents. Altogether, 139 truck owners have been made accused in this case.
It was submitted that there is general allegation against the accused persons and it has not been ascertained as to which documents were found to be forged. It was further submitted that several co-accused persons have been granted Anticipatory Bail by this Court as well as Co-ordinate Bench of this Court and the case of this petitioner stands on similar footing.
Learned A.P.P. has opposed the prayer for Anticipatory Bail.
Regard being had to the facts and circumstance of the case, I am inclined to enlarge the petitioner on anticipatory bail. 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 bonds of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sahebganj in connection with Mirzachowki P.S. Case No. 41 of 2020. Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Jay/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail amidst allegations of forging documents to transport stone chips.
Whether the petitioner satisfies the conditions of Section 438 Cr.P.C. based on similarity with co-accused granted bail.
Md. Mofiz Alam
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
