Om Prakash Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Om Prakash Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of his arrest/surrender within three weeks, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 105/2024, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Balidih P.S. Case No. 105/2024 for offences punishable under Sections 467/468/471/270/272/273/290/482/485/34 of the Indian Penal Code and Section 47(a) of the Bihar (now Jharkhand) Excise Act, 1915, is entitled to anticipatory bail.

Court's answer

Petitioner is enlarged on anticipatory bail: in the event of his arrest/surrender within three weeks from the date of the order, he shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 105/2024.

Ratio / Principle

The grant of anticipatory bail is made subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — Application (A.B.A. No. 3276 of 2024) allowed. Petitioner apprehending arrest in Balidih P.S. Case No. 105/2024 for offences punishable under Sections 467/468/471/270/272/273/290/482/485/34 IPC and Section 47(a) of the Bihar (now Jharkhand) Excise Act, 1915. Counsel submitted that the petitioner, a contractor supplying labourers to the R.O. Factory, was falsely implicated, was not named in the F.I.R., his name having surfaced on the basis of the alleged confessional statement of co-accused Jagdish Saw, that no cogent evidence connects him with the offence, and that co-accused Dharmendra Kumar Prasad had already been granted anticipatory bail (order dated 02.07.2024 in A.B.A No. 3443 of 2024). Held: petitioner enlarged on anticipatory bail — to be released, on arrest/surrender within three weeks, on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bokaro, subject to conditions under Section 438(2) Cr.P.C. (Rajesh Shankar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3276 of 2024

Om Prakash Singh ... … Petitioner Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioner : Mr. Baibhaw Gahlaut, Advocate Mr. Subhneet Jha, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P.P.

-----

03/11.07.2024

Heard the learned counsel for the parties.

2. The petitioner is apprehending his arrest for the offences punishable under Sections 467/468/471/270/272/273/290/ 482/485/34 of the Indian Penal Code and Section 47(a) of the Bihar (now Jharkhand) Excise Act, 1915.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner has not been named in the F.I.R and his name has surfaced in course of investigation on the basis of alleged confessional statement of co-accused Jagdish Saw. It is further submitted that the petitioner being a contractor used to supply labourers in the R.O. Factory as he had no knowledge that spurious liquor was being manufactured there. The police has not collected any cogent evidence so as to connect him with the alleged offence. Co-accused Dharmendra Kumar Prasad has been granted anticipatory bail by a Bench of this Court vide order dated 02.07.2024 passed in A.B.A No. 3443 of 2024. The petitioner has no criminal antecedent as has been stated in paragraph no. 10 of the present application. The petitioner undertakes to co-operate in the ongoing investigation. Hence, he

may be given the privilege of anticipatory bail.

4. Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

5. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner above named, in the event of his arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 105/2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish