Prawesh Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Prawesh Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within four weeks; on arrest/surrender to be enlarged on bail on bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Ranchi, in connection with Ratu P.S. Case No. 398 of 2022, with mobile-number/Aadhar Card undertaking and subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Ratu P.S. Case No. 398 of 2022 instituted under Sections 409 and 420 IPC and Section 7 of the Essential Commodities Act, should be granted the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the nature of allegation against the petitioner coupled with materials available on record (including the Additional P.P.’s admission that concrete evidence was still required for the petitioner’s arrest), the Court was inclined to extend the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to surrender in Court within four weeks and, in the event of his arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Ranchi, in connection with Ratu P.S. Case No. 398 of 2022.

Key takeaways

Bail made conditional on furnishing his mobile number and photocopy of the Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail granted — Prawesh Kumar v. The State of Jharkhand, A.B.A. No. 2333 of 2023 (High Court of Jharkhand at Ranchi, Order No. 06 dated 11.03.2024, Pradeep Kumar Srivastava, J.). Petitioner, a PDS licensee since 1991, apprehended arrest in Ratu P.S. Case No. 398 of 2022 under Sections 409 and 420 IPC and Section 7 of the Essential Commodities Act arising out of alleged conspiracy and black-marketing of 239.573 quintals of wheat (truck JH-05AQ3256) and 236.316 quintals of rice (truck JH-09AQ-9335) consigned to Bero Godown but unloaded at Ratu Godown amid the related Mandar P.S. Case No. 204/2022. Counsel urged innocence, absence of criminal antecedent, nothing recovered from conscious possession, and compliance with the Section 41A CrPC notice; the Additional P.P., though opposing, conceded that some concrete evidence was still required for the petitioner’s arrest. Finding the nature of allegation and materials on record such as to warrant relief, the Court directed surrender within four weeks with enlargement on bail on a Rs.20,000/- bond and two like sureties before the learned Sub Divisional Judicial Magistrate, Ranchi, conditioned on furnishing his mobile number and Aadhar Card photocopy with an undertaking not to change the number during the pendency of the case, and subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2333 of 2023

Prawesh Kumar ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. A.K. Sahani, Advocate. For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. --------- Order No. 06/Dated: 11^th March, 2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with Ratu P.S. Case No. 398 of 2022 instituted under Sections 409 and 420 of the I.P.C. and Section 7 of the Essential Commodities Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

The allegation is that on the basis of order dated 01.12.2022 passed by District Manager, Jharkhand State Food Corporation, Ranchi, FIR was lodged stating inter alia that the named accused by hatching conspiracy were indulged in black marketing of 239.573 quintals of wheat loaded on truck bearing registration no. JH-05AQ3256 and 236.316 quintals of rice loaded on truck bearing registration no. JH-09AQ-9335. The said food grains had to be unloaded at Bero Godown, but said food grain were not delivered at Bero Godown. In the meantime, in connection with similar matter, Mandar P.S. Case No. 204/2022 was lodged, then in order to save themselves the accused playing fraud had unloaded the foodgrains at Ratu Godown. At the time of putting signature on the challans, the Assistant Godown Manager found out about the conspiracy and foul play of the accused persons namely, Rahul Kumar Prasad, Satyendra Singh, Usman Khan, Ranjeet Kumar and Prawesh Kumar (petitioner).

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to ulterior motive. The petitioner is a licensee of PDS shop since 1991. He is neither the owner of the trucks in question nor has he any concern with any of the accused in this case. There is no allegation that the aforesaid trucks

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came to the PDS shop belonging to the petitioner from where the foodgrain were loaded. Hence, no case is made out against the petitioner. Petitioner has no criminal antecedent and nothing has been recovered from the conscious possession of the petitioner. Petitioner has also complied with the notice issued under Section 41A of the Cr.P.C. and co-operating in investigation.

Learned Addl.P.P appearing for the State opposed the prayer for anticipatory bail of the petitioner, but has fairly admitted that during course of investigation, it has surfaced that some concreate evidence is required for acquisition of the present petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court 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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Ranchi in connection with Ratu P.S. Case No. 398 of 2022 with the condition that he will 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.

(Pradeep Kumar Srivastava, J.)

Sunil/