Animesh Kumar Sinha vs The State Of Jharkhand ..... Opp. Party on 11 October, 2018

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Jharkhand High Court

Animesh Kumar Sinha vs The State Of Jharkhand ..... Opp. Party on 11 October, 2018

Bench: Anant Bijay Singh

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   A.B.A. No. 4540 of 2018
    Animesh Kumar Sinha                              .....   Petitioner
                               Versus
    The State of Jharkhand                           ..... Opp. Party
                                 ---------

CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

---------

For the Petitioner : Mr. shailesh, Advocate.

    For the State        : A.P.P.

                             ---------
03/Dated: 11/10/2018

            The   petitioner      is     apprehending      his   arrest   in

connection with the case registered under Sections 381, 411, 120B of the IPC.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated and not committed any offence whatsoever alleged in the FIR. It is further submitted that the petitioner is neither owner of the seized truck nor the driver of said truck and no concern with the seized material.

Learned APP opposed the prayer for bail of the petitioner.

It appears that 3.10 tons excess coal was loaded on the seized truck.

Be that as it may, I am inclined to admit the above named petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with Jorapokhar P.S. case No.54/18, corresponding to G.R.No.2365 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to the further conditions as follows:-

(i) Petitioner will give an affidavit through his Parivikar that during course of investigation, he will cooperate in investigation and he will remain physically present in the court below as and when his presence is required.

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(ii) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below.

(iii) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioner, he will file an application through APP in the court below and the court below shall release the Cell Number of the petitioner to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioner fixing date, time and place and thereafter, petitioner will appear and get his statement recorded. If petitioner fail to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioner.

(iv) Further, petitioner shall deposit Rs.6,000/- before the court below at the time of surrender, which shall be subject to result of the case and will not prejudice the case of the petitioner.

Let a copy of this order be sent to court below and handed over to the learned APP for transmission of the same to the concerned I.O.

(Anant Bijay Singh, J.) fahim/

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