Pintu Kumar Yadav Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Pintu Kumar Yadav Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of his arrest or surrender before the court below within three weeks, to 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 Chief Judicial Magistrate, Dumka in connection with Dumka (Muffasil) P.S. Case No. 35 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest for offences punishable under Sections 379/420/467/468/471/34/120-B of the Indian Penal Code.

Court's answer

Having heard learned counsel for the parties and considered the materials available on record, the Court is inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioner shall be released on anticipatory bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dumka, in connection with Dumka (Muffasil) P.S. Case No. 35 of 2024.

Key takeaways

The anticipatory bail release is made subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶13

Detailed headnote1 paragraphs

A.B.A. No. 5867 of 2024, High Court of Jharkhand at Ranchi — decided 17.09.2024 by Rajesh Shankar, J. Anticipatory bail ALLOWED to Pintu Kumar Yadav (s/o Yamuna Yadav, Koderma), who apprehended arrest for offences punishable under Sections 379/420/467/468/471/34/120-B of the Indian Penal Code in connection with Dumka (Muffasil) P.S. Case No. 35 of 2024. Background (per counsel's submissions): two trucks loaded with stone chips carried the same registration (printed as 'JH02AJ-7815' and 'JH-02AJ-7815') and chassis no. MAT466420F1J23471; one truck was apprehended at Rampur Chowk by the informant-A.S.I. of Dumka (Muffasil) P.S. and the other was detained by Ramgarh P.S.; petitioner was allegedly implicated merely as owner of one of the trucks. Petitioner's case: valid ownership of truck no. JH-02AJ-7815, valid transportation challan (Annexure-2), vehicle particulars annexed (Annexure-3 series), and an undertaking to cooperate in the ongoing investigation; the State (through Sanat Kumar Jha, A.P.P.) opposed the prayer. The Court, having heard counsel and considered the materials on record, directed that in the event of arrest or surrender before the court below within three weeks, the petitioner be released on bail on a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two like sureties to the satisfaction of the learned Chief Judicial Magistrate, Dumka, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 5867 of 2024

Pintu Kumar Yadav son of Yamuna Yadav, resident of villageJaruwdih, P.O. & P.S.- Domchanch, District- Koderma

Versus

The State of Jharkhand …. … Opposite Party

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P. Order No. 04 Dated: 17.09.2024

The petitioner apprehending his arrest for the offences punishable under Sections 379/420/467/468/471/34/120-B of the Indian Penal Code, has prayed for grant of anticipatory bail.

2. 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 in the F.I.R. As per the allegation, the informant-A.S.I. of Dumka (Muffasil) P.S. received information regarding movement of two trucks having same registration. On the basis of said information, the informant reached Rampur Chowk and apprehended a truck bearing registration no. JH02AJ-7815 loaded with stone chips. On demand, the driver of the said truck did not produce document regarding the vehicle as well as the stone chips. Thereafter, another truck bearing same registration number i.e., JH-02AJ-7815 as well as same chassis no. MAT466420F1J23471 loaded with stone chips was detained by Ramgarh P.S. The petitioner has been implicated in this case only due to the reason that he is the owner of one of the said trucks. It is further submitted that the petitioner has valid ownership of truck bearing registration no. JH-02AJ-7815. The stone chips were also being transported by the said truck with valid transportation challan, a copy of which has been annexed as Annexure-2 to the present

anticipatory bail application. The copies of further details relating to the said vehicle i.e., engine number, chassis number etc. have also been annexed as Annexure-3 series to the present A.B.A. The petitioner has no idea as to how another truck bearing same registration number was apprehended by the police. He however undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

3. Learned A.P.P. opposes the petitioner’s 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 petitioner on anticipatory bail.

5. Accordingly, the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dumka in connection with Dumka (Muffasil) P.S. Case No. 35 of 2024, 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.5867 of 2024