Allowed

Dharmendra Paswan v. the State of Jharkhand

Jharkhand HC3 Mar 2023A.B.A./816/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving illegal transportation of coal, directing surrender and compliance with investigation conditions.

What did the court decide?

Granted anticipatory bail, directed surrender within four weeks, and imposed conditions for investigation cooperation and a bail bond of Rs. 10,000 with two sureties.

Dharmendra Paswan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 816 of 2023

¶3

Dharmendra Paswan …… Petitioner

¶4

Versus

¶5

The State of Jharkhand ……Opposite party

¶6

----------

¶7

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶8

-----

¶9

For the Petitioner : Mr. Raj Nandan Chatterjee, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P.

¶10

Order No.04/ Dated:03.03.2023

¶11

Heard learned counsel for the parties.

¶12

Apprehending his arrest in connection with Katras P.S. Case No. 89 of 2019 instituted under Sections 414/ 34 of the Indian Penal Code and 30(ii) C.M. Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

¶13

As per F.I.R, allegation is that several vehicles illegally loaded with coal was intercepted and seized by the informant.

¶14

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner is the owner of the vehicle bearing registration no. JH 03M 3191 and the alleged vehicle was under the control of the driver. It is submitted that the petitioner is not involved in transportation of 2.5 tonnes of coal. Petitioner has no criminal antecedent. It is further submitted that other co-accused, namely, Raj Kumar Yadav has been granted anticipatory bail by the Co-ordinate Bench of this Court in A.B.A. No. 363 of 2021 vide order dated 02.03.2021. It is lastly submitted that the petitioner undertakes to cooperate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory

¶15

bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

¶16

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

¶17

Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhanbad in connection with Katras P.S. Case No. 89 of 2019 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.

¶18

(Pradeep Kumar Srivastava, J.)

¶19

R.K/

Dharmendra Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dharmendra Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naresh Mehta Alias Naresh Mahto Vs the State of Jharkhand

Madhusudan Kumhar Vs the State of Jharkhand

Kailash Saw Alias Kailash Kumar Vs the State of Jharkhand

Phatik Chandra Das Vs the State of Jharkhand

Balram Lohar Alias Ghasiram Lohar Vs the State of Jharkhand

Sitaram Mandal Alias Ram Kumar Mandal Vs the State of Jharkhand