Navnit Tiwary vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard learned counsel for the parties.

Apprehending his arrest in connection with Adityapur P.S. Case No. 103 of 2024 instituted under Sections 414, 413, 420, 120B, 34 of the Indian Penal Code and Section 132(1)(b) of the Goods and Service Tax Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

As per prosecution case, allegation is that a vehicle bearing registration no. JH12G 4709 was seized by the police and scrap of 23 tons were seized and on demand documents were provided by the driver but during investigation, it was found that the entire documents did not support the contentions of the petitioner as well as other co-accused persons. It has been further alleged that the petitioner and others by creating a false document are indulged in illegal transportation of scrap.

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 submitted that all papers were found genuine and only on suspicion petitioner has been involved in this case. Petitioner is co-operating in the investigation in compliance of notice under Section 41(A) Cr.p.c. 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.

Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below 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/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Seraikella in connection with Adityapur P.S. Case No. 103 of 2024 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 Section 438(2) of the Code of Criminal Procedure.