Jharkhand High CourtSoumitra Karmakar vs The State Of Jharkhand ... Opposite ... on 23 August, 2021Author:Anil Kumar ChoudharyBench:Anil Kumar ChoudharyIN THE HIGH COURT OF JHARKHAND AT RANCHI\n               A.B.A. No. 5572 of 2021\n                           ------Soumitra Karmakar                    ...            Petitioner\n                                       Versus\n       The State of Jharkhand                ...          Opposite Party\n                                        ------CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY------For the Petitioner        : Mr. Gautam Kumar, Advocate\n       For the State             : Mr. Rajesh Kumar, Addl. P.P.\n                                       ------\n       Order No.02 Dated- 23.08.2021Heard the parties through video conferencing.\n            Learned counsel for the petitioner personally undertakes to\n      remove the defects as pointed out by the stamp reporter within two\n      weeks after the lockdown period is over.In view of the personal undertaking of the learned counsel for\n      the petitioner, the defects pointed out by the stamp reporter are\n      ignored for the present.Apprehending his arrest, the petitioner has moved this Court\n      for grant of privilege of anticipatory bail in connection with Pakur\n      (Malpahari O.P.) P.S. Case No.82 of 2019 registered undersections\n      353/427/34of the Indian Penal Code and undersection 04/05of the\n      Explosive Substance Act, 1908.The Learned counsel for the petitioner submits that the\n      allegation against the petitioner is that the petitioner is the owner of\n      a motorcycle which was used by the co-accused person for\n      transporting explosive substances and the same was apprehended\n      by police. It is further submitted that the allegations against the\n      petitioner are all false and the main allegation is against the co-\n      accused persons. It is then submitted that the petitioner has no\n      criminal antecedent as has been mentioned in para-14 of the instant\n      anticipatory bail application. It is next submitted by the learned\n      counsel for the petitioner, drawing attention of this Court to\n      annexure-2 at page no.20 of the brief which is the copy of the\n      affidavit-cum-sale letter dated 31.01.2019, that the petitioner sold the\n      vehicle to to Alim Sk, S/o-Ekbal Shekh of village-Kalikapur, P.O.,\n P.S. & District -Pakur (Jharkhand) before the occurrence, hence the\npetitioner is no way responsible for misuse of the vehicle. It is next\nsubmitted that the petitioner is ready and willing to furnish\nsufficient security including cash security and undertakes to\ncooperate with the investigation of the case. Hence, it is submitted\nthat the petitioner be given the privilege of anticipatory bail.Learned Addl. P.P. opposes the prayer for grant of\nanticipatory bail.Considering the submissions of the counsels and the fact as\ndiscussed above, I am of the opinion that it is a fit case where the\nabove named petitioner be given the privilege of anticipatory bail.\nHence, in the event of his arrest or surrender within a period of six\nweeks from the date of this order, he shall be released on bail on\ndepositing cash security of Rs.50,000/- and on furnishing bail bond\nof Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of\nthe like amount each to the satisfaction of learned Chief Judicial\nMagistrate, Pakur, in connection with Pakur (Malpahari O.P.) P.S.\nCase No.82 of 2019 with the condition that the petitioner will\ncooperate with the investigation of the case and appear before the\nInvestigating Officer as and when noticed by him and will furnish\nhis mobile number and a copy of his Aadhar Card in the court below\nwith the undertaking that he will not change his mobile number\nduring the pendency of the case subject to the conditions laid down\nunder section 438 (2) Cr. P.C.\n\n\n\n\n                            (Anil Kumar Choudhary, J.)\nSonu/Gunjan-