Prassana Kumar Jha v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 279, 411, 414
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 55. Learned A.P.P opposes the petitioner’s prayer for anticipatory bail. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the above named petitioner is directed to surrender before the concerned Court below within a…
Judgment
----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- Mr. Kumar Udayan Mr. Anup Pawan Topno, A.P.P For the Petitioner: For the State: ----- ….. Petitioner ….. Opposite Party 02/31.07.2024 Heard learned counsel for the parties.
The petitioner apprehending his arrest in connection with the case registered under Sections 279/411/414/34 IPC has prayed for grant of anticipatory bail.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. As per the allegation, the accused persons were involved in iron cutting from the Amlabad Colliery which was to be sent to West Bengal by loading the same on motorcycles. Though the petitioner has not been named in the FIR, however, he has been implicated in this case due to the reason that one of the motorcycles recovered from the place of occurrence belongs to him. It is further submitted that the motorcycle (TVS) bearing registration No. BR- 10F-4461, which was allegedly recovered from the place of occurrence, was already sold by the petitioner on 14.06.2020 to one Tapan Gorai, against which a sale letter was also prepared. Except the said fact, the police has not collected any other cogent material to connect the petitioner with the alleged offence. The petitioner is an employee of Delhi Public School, Sector-IV, Bokaro Steel City, Bokaro and has no criminal antecedent as has been stated in paragraph 10 of the present anticipatory bail application. He also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.
Learned A.P.P opposes the petitioner’s prayer for anticipatory bail. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the above named petitioner is directed to surrender before the concerned Court below within a period of three weeks. If he surrenders before the Court below within the aforesaid period, he shall be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Bokaro in connection with Chandankiyari (Amlabad OP) P.S. Case No. 71/2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. Satish/-
(RAJESH SHANKAR, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.