Jharkhand High Court
Har Kishor Rai @ Kishor Rai vs The State Of Jharkhand ......Opposite ... on 16 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 10302 of 2022
1. Har Kishor Rai @ Kishor Rai
2. Nakul Rai ...... Petitioners
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 Petitioners : Mr. Sabyasanchi, Advocate For the State : Md. Fahad Allam, A.P.P. .....
Order No.05/ Dated:16.03.2023 Heard learned counsel for the parties.
Apprehending their arrest in connection with Masalia P.S. Case No. 24 of 2021 instituted under Sections 379/34, 411 of the Indian Penal Code, the petitioners have moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R., there is allegation that two submersible pump was installed for the construction of Pharmacy College out of which one submersible pump (motor) of Crompton company, worth Rs. 45,000/- was stolen by unknown miscreants on 10.05.2021.
Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. Petitioners have no criminal antecedents. It is submitted that nothing has been recovered from the possession of the petitioners rather one stolen submersible pumps was recovered from the house of other co-accused person involved in this case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged 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, 1st Class, Dumka in connection with Masalia P.S. Case No. 24 of 2021 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.) R.K/