Vivek Kumar vs State Of Jharkhand `

Arun Kumar Rai, J

Petitioner is apprehending his arrest in connection with Dhansar P.S. Case No. 279 of 2018 for the offences registered under Sections 419, 420 and 406 of the Indian Penal Code, pending in the court of learned J.M. 1st Class, Dhanbad.

Learned counsel for the petitioner has submitted that it is alleged that certain amount has been transferred to his account but this is not actual fact in the present case. She further submitted that even otherwise petitioner is no more required for further investigation in the present case and learned counsel undertakes that petitioner shall appear on each and every date of hearing before the trial Court. Upon aforesaid premise prayer for anticipatory bail has been made.

Learned APP appearing for the State has opposed the prayer of anticipatory bail.

Heard learned counsel for the petitioner and perused the record.

From perusal of record, it transpires that it is alleged that certain amount has been siphoned off to the account of this petitioner and during course of investigation connected material has already been collected by I.O. When query was made from Learned P.P. for the State that, whether custodial interrogation of petitioner is required or not, then, from the response given by the learned P.P., this Court is not satisfied that custodial interrogation of petitioner is required.

Considering the fact that case pertains to Sections 419, 420 and 406 of the Indian Penal Code and the incriminating material has already been collected by I.O. during course of investigation, this Court is inclined to extend the privilege of anticipatory bail to the petitioner, accordingly, petitioner, above named, is directed to surrender before the learned trial Court within four weeks from the date of receipt of a copy of this order and the learned trial Court on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with Dhansar P.S. Case No. 279 of 2018, subject to the condition under section 438(2) of the Code of Criminal Procedure and also that petitioner shall appear on each and every date of hearing before the concerned Court after receiving notice/summon except in medical exigency.

In case of non-compliance of above said condition/conditions, prosecution is at liberty to move appropriate application for cancellation of bail before Court concerned and Court concerned is directed to dispose of the said application if filed, as expeditiously as possible in accordance with law.