SHIBU URAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Apprehending his arrest in connection with Pandu P.S. Case No. 103 of 2021, instituted under Ss. 120B/420 and 34 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

(2.) As per F.I.R., the prosecution story in nutshell is that the informant is doing business in the name and style of M/s Maa Gadhdevi Traders and the informant had business terms with Pravesh Saw and from there 590 sacks wheat had to transport to M/s Janki Trader, Auragabad, Bihar. It is further alleged that for that informant alongwith Pravesh Saw met with Transporter of M/s Satbaihani Transport i.e. Rajendra Prasad. It is further alleged that on 7/9/2021, wheat in question were loaded on truck bearing registration no. JH-03W-6653, but the same did not reach the destiny. Thereafter, informant and other contacted to owner of the vehicle and transport owner, but they were making only assurance. Later on, the informant got information that all the accused persons by doing fraud had sold the 590 bags wheat worth Rs.5,70,212.00. It is further alleged that the manager of truck also executed a paper on 20/10/2021 before Notary, Aurangabad and promise to pay per month Rs.1,00,000.00 to the informant, but unfortunately the accused persons could not pay the money up till now to the informant. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner is driver of the offending truck. It is further submitted that petitioner has no criminal antecedent. It is further submitted that co-accused Jaynarayan Sharma @ Jagnarayan Sharma and Jitendra Gandhi have been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dtd. 5/9/2023 passed in A.B.A. No. 8680 of 2022 and A.B.A. No. 8351 of 2022 and the case of the petitioner stands on similar footing. Petitioner undertakes to co-operate in investigation of the case and also abide by all terms and conditions, as imposed by this Court, in the case of granting anticipatory bail to this petitioner. Hence, petitioner may be granted privilege of anticipatory bail. On the other hand, learned Addl.P.P. appearing for the State has opposed the prayer for anticipatory bail of the petitioner.

(3.) Considering the facts and circumstances of this case, the nature of allegation against the petitioner and the materials available on the record and also the fact that co-accused have been granted anticipatory bail by the Co-ordinate Bench of this Court, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000.00 (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with Pandu P.S. Case No. 103 of 2021, with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Sec. 438(2) of the Code of Criminal Procedure.