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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners, if arrested or if they surrender before the court below within three weeks, to be released on furnishing bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate-1st Class, Hazaribagh, in connection with Complaint (F) Case No. 1783 of 2023, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest for the offence punishable under Section 52 of the Indian Forest Act, should be granted anticipatory bail.

Court's answer

After hearing learned counsel for the parties and considering the materials available on record, the court decided to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of their arrest or surrender before the court below within three weeks, the petitioners are to be released on bail on a bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate-1st Class, Hazaribagh, in connection with Complaint (F) Case No. 1783 of 2023, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted - Offence under Section 52, Indian Forest Act (truck JH-02BM-6936 apprehended by forest officials carrying 30.12 MT raw coal without valid paper); counsel submitted the petitioners were falsely implicated as owners of M/s. Triveni Fuels Factory, Charhi, Hazaribagh, and had no criminal antecedent; Spl.P.P. opposed. High Court of Jharkhand (Rajesh Shankar, J.), 06.09.2024: petitioners enlarged on anticipatory bail - release upon arrest or surrender within three weeks on bail bond of Rs.20,000/- each with two like sureties, to the satisfaction of Judicial Magistrate-1st Class, Hazaribagh, in connection with Complaint (F) Case No. 1783 of 2023, subject to Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023 conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 5675 of 2024

Satish Kumar 2. Raju Agrawal … … Petitioners

Versus

The State of Jharkhand …. … Opposite Party

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioners : Mr. Akshay Yadwendra, Advocate For the State : Mr. Pankaj Kumar, Spl.P.P. Order No. 04 Dated: 06.09.2024

The petitioners apprehending their arrest for the offence punishable under Section 52 of the Indian Forest Act, have prayed for grant of anticipatory bail.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the offence report. It has been alleged that a truck bearing registration no. JH-02BM-6936 was apprehended by the forest officials loaded with 30.12 MT of raw coal without valid paper. It is further submitted that the petitioners have been falsely implicated in this case being the owners of M/s. Triveni Fuels Factory, 15 Miles, village- Indra, P.S. Charhi, DistrictHazaribagh and due to the reason the seized truck was seen coming from the said factory. In fact, the said allegation made in the offence report is completely false and concocted. The petitioners are neither concerned with the coal nor the truck seized by the forest officials. The petitioners have no criminal antecedent as has been stated in paragraph-14 of the present anticipatory bail application. Hence, they may be given the privilege of anticipatory bail.

3. Learned Spl.P.P. opposes the petitioners’ prayer for anticipatory bail.

4. Having heard learned counsel for the parties and

considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail.

5. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Hazaribagh in connection with Complaint (F) Case No. 1783 of 2023, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

Ritesh/

(Rajesh Shankar, J.)

A.B.A. No. 5675 of 2024

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