IN THE HIGH COURT OF JHARKHAND AT RANCHI.
A.B.A. No. 1866 of 2011
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Shiv Nath Mahto ... ... Petitioner
-V e r s u s-
The State of Jharkhand ... Opposite Party.
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CORAM: - HON'BLE MR. JUSTICE P.P. BHATT.
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For the Petitioner : - Mr. Gautam Kumar, Advocate.
For the State : - A.P.P.
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02/01.07.2011
Heard learned counsel for the petitioner and learned counsel for
the State.
The present petition is filed under Section 438 of the Code of Criminal
Procedure, seeking anticipatory bail as the petitioner is apprehending his arrest in
connection with Excise Case No. 14/2011 for the alleged offence punishable under
sections 47(a) of the Excise Act, pending in the court of Chief Judicial Magistrate,
Ranchi.
The learned counsel for the petitioner has submitted that the petitioner
has falsely been implicated in the alleged crime though he has not committed any
offence as alleged against him. It has further been submitted that the applicant-
petitioner has no criminal antecedent. Therefore, necessary protection may be
provided by way of granting anticipatory bail in favour of the petitioner.
As against that, learned counsel for the State has opposed the prayer for
bail .
Considering the facts and circumstances of the case, I am inclined to
release the petitioner on anticipatory bail. Accordingly, it is directed that in the
event of surrender/arrest of the petitioner, above named, he shall be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties
of the like amount each to the satisfaction of the Chief Judicial Magistrate, Ranchi
in connection with Excise Case No. 14/2011, subject to the following conditions :-
(a) The petitioner shall remain present at the concerned police station
within two weeks.
(b) The petitioner shall cooperate with the investigation and make
himself available for interrogation whenever and wherever required;
(c) The petitioner shall neither hamper the investigation in any
manner nor shall directly or indirectly make any inducement, threat or promise to
any person acquainted with the facts of the case, so as to dissuade him from
disclosing such facts to the Court or to any police officer;
(d) The petitioner at the time of execution of bond, furnish his
residential address to the investigating officer and the Court concerned and shall as
far as not change the residence but in the event of any change of address the same
shall be furnished to the concerned investigating officer till the final disposal of the
case or till further orders;
(e) The petitioner shall not leave India without the permission of the
Court and, if holding a passport, he shall surrender the same before the trial court
within a week.
(f) The petitioner shall not obstruct or hamper the investigation and
not play mischief with the evidence collected or yet to be collected by the police.
With these directions and observations, this anticipatory bail application
is allowed and disposed of.
(P.P. Bhatt, J.)
Anu/-