Jharkhand High Court
Angad Kumar Pandey vs The State Of Jharkhand .... .... ... on 3 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.10880 of 2022
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Angad Kumar Pandey .... .... .... Petitioner Versus The State of Jharkhand .... .... ....Opposite Party
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. S.K. Murtty, Advocate For the State : Ms. Snehlika Bhagat, Addl.P.P
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Order No.03 Dated- 03.07.2023 Heard learned counsel for the parties.
Apprehending his arrest in connection with Saria P.S. Case No. 159 of 2022 instituted under Sections 420, 409 and 120-B of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per FIR, allegation is that one truck bearing Reg. No.JH-02P- 5844 was intercepted by police and locals and was found loaded with illegal wheat from FCI. Upon enquiry, the informant learnt that petitioner being go-down in-charge hatching a conspiracy with others issued forged gate-pass bearing SI Nos.2178 and 7139 dated 21.08.2022 and 25.08.2022 respectively to the alleged vehicle for passing the wheat out for the purpose of black-marketing.
Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of petitioner and he has no concern with alleged offence. Petitioner has no criminal antecedent and he has falsely been implicated in this case only on the basis of suspicion. It is further submitted that neither the seized vehicle number nor the quantity of wheat has been mentioned in the FIR. There is no enquiry report to have been brought on record showing any defalcation for passing of wheat from the custody of petitioner. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and no criminal back-ground of petitioner, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Giridih in connection with Saria P.S. Case No. 159 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Pappu/