Allowed

Dharam Das Sah v. the State of Jharkhand

Jharkhand HC16 Oct 2024A.B.A./1814/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a motorcycle owner from whom 6 quintal of coal was allegedly recovered in a coal theft-related FIR. Noting recovery was complete and that a similarly situated co-accused had already been granted anticipatory bail, the Court granted pre-arrest bail with standard CrPC conditions.

What did the court decide?

Anticipatory bail granted: surrender within four weeks; bail on Rs. 10,000 bond with two like sureties, subject to Section 438(2) CrPC conditions.

Dharam Das Sah Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1814 of 2024

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Dharam Das Sah aged about 30 years, son of Bajrangi Prasad Sah, resident of Naya Tola Badluganj, P.O. Ishipur, P.S. – Ishipur, District – Bhagalpur (Bihar)

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

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------For the Petitioner : Mr. Peeyush Krishna Choudhary, Advocate For the Opp. Party : Mr. Rakesh Ranjan, A.P.P.

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Order No. 04 / Dated 16^th October, 2024

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Apprehending his arrest in connection with Lalmatia P.S. Case No. 68 of 2022, instituted under Sections 414/34 of the Indian Penal Code and Section 30(ii) of Coal Mines Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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Heard Mr. Peeyush Krishna Choudhary, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Ranjan, learned A.P.P. for the State.

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Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the present case and recovery has already been effected, as such, petitioner is no more required for further investigation. He further pointed out that other similar situated co-accused namely Baban Kumar Paswan has already been admitted to anticipatory bail by a Co-ordinate Bench of this Court in A.B.A. No. 4320 of 2023. Upon the aforesaid premise, prayer for anticipatory bail has been made.

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Learned A.P.P. for the State vehemently opposed prayer of anticipatory bail.

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Perusal of record transpires that allegedly 6 quintal of coal was recovered from the motorcycle having Registration No. JH04M- 4075 and this petitioner is owner of the same.

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Considering the nature of offence and also the fact that similarly situated co-accused namely Baban Kumar Paswan has already been

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admitted to anticipatory bail by a Co-ordinate Bench of this Court in A.B.A. No. 4320 of 2023, this Court finds it is a fit case for grant of anticipatory bail and accordingly, the petitioner, above named, is directed to surrender in the court within four weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Godda in connection with Lalmatia P.S. Case No. 68 of 2022 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Arun Kumar Rai, J.)

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Umesh/-

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Dharam Das Sah v. the State of Jharkhand

Case brief

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Dharam Das Sah v. the State of Jharkhand

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