Santosh Chandrabanshi v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioner : Mr. Dharmendra Kr. Malityar, Advocate For the State : Mr. Subodh Kr. Dubey, A.P.P. Order No.06/ Dated:11.10.2022 Heard learned counsel for the parties. ….. Apprehending his arrest in connection with Jorapokhar P.S. Case No. 70 of 2022 instituted under Sections 272, 173, 290 of the Indian Penal Code and 47(a) of the Excise Act, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad, the petitioner has moved this Court for grant of privilege of anticipatory bail. As per F.I.R., allegation is that huge quantity of illicit liquors were recovered from the shop of the house of the petitioner. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all he has been falsely implicated in this case. It is submitted that petitioner has no criminal antecedent. It is further submitted that other co-accused, namely, Ravi Pandey in A.B.A No. 4295 of 2022 with similar allegation vide order dated 01.06.2022 has been granted anticipatory bail by the Co-ordinate Bench of this Court. It is lastly submitted that the petitioner undertakes 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 petitioner. 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. Perused the lower court record, it appears that huge quantity of wine has been recovered from the house of petitioner. The co-accused who has been granted bail stands on different footing. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am not inclined to grant privilege of anticipatory bail to the petitioner, which stands rejected. Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudice by this order. R.K (Pradeep Kumar Srivastava, J.)