Jhony Alias Jitendra Kumar Sinha Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Jhony Alias Jitendra Kumar Sinha Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned court below within four weeks and, on surrender, to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Charhi P.S. Case No. 70 of 2022, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Charhi P.S. Case No. 70 of 2022, is entitled to anticipatory bail.

Court's answer

The privilege of anticipatory bail is extended to the petitioner in connection with Charhi P.S. Case No. 70 of 2022.

Ratio / Principle

The petitioner is directed to surrender before the learned court below within four weeks and, on surrender, shall be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribagh, subject to the conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail – Applicant, stated to be a commission agent in the transport business with no criminal antecedents, apprehended arrest in Charhi P.S. Case No. 70 of 2022 arising out of interception of a trailer carrying rejected ingots; he was implicated as caretaker of Shyam Steel Centre at Ramgarh, alleged to have a supervisory role in the loading, while the owner (Deepak Kumar) and operator (Poonam) of the centre were identified as those involved in the loading – HELD: privilege of anticipatory bail extended; petitioner directed to surrender within four weeks and on surrender to be released on bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. Application allowed. (Rongon Mukhopadhyay, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4513 of 2024

Jhony @ Jitendra Kumar Sinha … … Petitioner Versus The State of Jharkhand … Opposite Party

------CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY ------- For the Petitioner : Mr. Pankaj Kr. Ravi, Advocate For the State : Ms. Lily Sahay, A.P.P -------

04/16.08.2024 Heard Mr. Pankaj Kr. Ravi, learned counsel appearing for the petitioner and Ms. Lily Sahay, learned A.P.P.

The petitioner apprehends his arrest in connection with Charhi P.S. Case No. 70 of 2022.

It has been alleged that a trailer was intercepted

which was carrying rejected ingots.

It has been submitted by learned counsel for the petitioner that the petitioner is a commission agent in the transport business but he has been implicated in the present case as being caretaker of Shyam Steel Centre at Ramgarh which is attributed to have been involved in the loading of the rejected ingots in the trailer. Learned counsel submits that the petitioner does not have any criminal antecedents.

Learned A.P.P has opposed the prayer for anticipatory bail of the petitioner.

It appears that the owner of Shyam Steel Centre is Deepak Kumar and the Operator is Poonam who had involved in loading of rejected ingots in the trailer and so far as the petitioner is concerned, he seems to be having a supervisory role as alleged, though learned counsel for the petitioner submits that he is basically a Commission Agent in the transport business.

Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the learned court below within a period of four weeks and on his

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surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Hazaribagh in connection with Charhi P.S. Case No. 70 of 2022, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

This application stands allowed.

(Rongon Mukhopadhyay, J.)

Shamim/-