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Rakesh Kumar v. the State of Jharkhand

Jharkhand HC22 Nov 2024A.B.A./6646/2024

Case brief

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What is this about?

Anticipatory bail sought by the owner of a pickup van from which 1000 litres of alleged illegal spirit was recovered under Section 47(a) of the Excise Act. The court granted anticipatory bail on furnishing a bail bond with sureties, subject to conditions under Section 482(2) of BNSS, 2023.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bail bond of Rs.20,000/- with two sureties of like amount before JM-1st Class, Giridih, subject to Section 482(2) BNSS conditions.

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

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 6646 of 2024

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Rakesh Kumar son of Magan Lal Saw, resident of Near Dharam Kata, Naya Dih, Kusunda No. 7, Gansadih, P.O.- Kusunda, P.S.Kenduadih, District- Dhanbad

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… … Petitioner

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Versus

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The State of Jharkhand …. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Govind Ray Karan, Advocate For the State : Mr. Saket Kumar, A.P.P. Order No. 03 Dated: 22.11.2024

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The petitioner apprehending his arrest for the offence punishable under Section 47(a) of the Excise Act, has prayed for grant of anticipatory bail.

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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 offence report. The petitioner is the owner of seized pickup van bearing registration no. JH-10BH-4155 from which there is alleged recovery of 1000 ltrs. of spirit kept in 25 plastic jerricans each containing 40 ltrs. The petitioner has no idea as to how the said vehicle was found loaded with illegal spirit. In fact, the driver of the said vehicle was in control of the same at the time of alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph-13 of the present anticipatory bail application. Hence, he may be given the privilege of anticipatory bail.

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

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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.

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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 Judicial Magistrate-1^st Class, Giridih in connection with Complaint Case (Excise) No. 1606 of 2024, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

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Ritesh/

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A.B.A. No.6646 of 2024

Rakesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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