A.B.A./8076/2018 of NIRMAL MAHTO Vs THE STATE OF JHARKHAND on 21 December 2018

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B. A. No. 8076 of 2018

Nirmal Mahto …… Petitioner VersusThe State of Jharkhand …… Opposite Party CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner :Mr. H.K. Shikarwar, Advocate For the State :A.P.P

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02/Dated: 21/12/2018

Petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 227 of 2018 for the offence under section 379 I.P.C, Section 21 of MMRD Act, Section 54 of J.M.M.C, Rule 2004, sections 13 J.M.P.I.M.T & S. Act, 2017.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has committed no offence as alleged in the F.I.R. No case under the alleged sections is made out against the petitioner. Petitioner is driver-cum-owner of the vehicle in question.

Learned A.P.P opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner on the following grounds:

(i) The petitioner is directed to deposit Rs. 4,000/- in the trial court on the date of his surrender and the said deposition of amount by the petitioner will be subject to result of the case and will not affect the case of the petitioner during trial.

(ii) The petitioner will file undertaking on the date of his surrender duly sworn by pairvikar before the trial court that he will co-operate with the investigation and he will join the investigation as and when required.

(iii) On the date of his furnishing bail bond, the petitioner will furnish his cell number and xerox copy of Aadhar card before the trial court.

(iv) If the I.O wants to get the statement of the petitioner recorded, the I.O will file application before the trial court through learned A.P.P thereafter trial court will supply the cell number of the petitioner to the I.O, thereafter I.O will record the statement of the petitioner after giving 72 hours' notice fixing date, time and place to the petitioner and on the date fixed, the petitioner will appear before the Investigating Officer.

(v) If the petitioner fails to do so, it is open to the I.O to file application for cancellation of bail of the petitioner before this court through learned A.P.P

Accordingly, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand)with two sureties of the like amount each to the satisfaction of the court of C.J.M, Hazaribag in connection with Muffasil P.S. Case No. 227 of 2018 8 f subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the

I.O.

Satyarthi/-

(Anant Bijay Singh, J.)