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2025 DAILYLAW 17078 (JHR)

GAUTAM KUMAR ALIAS GAUTAM v. THE STATE OF JHARKHAND

A.B.A./3968/2024 · 2025-03-27

Anil Kumar Choudhary

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 3968 of 2024 Gautam Kumar @ Gautam, S/o- Binod Kunmar, aged about 34 years, resident of Village-Chewara, P.O. & P.S.-Chewara, District- Sheikhpura, State-Bihar, PIN-811304. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Dhirendra Kr. Deo , Adv. Mr. Sumit Kumar , Adv. For the State : Ms. Anuradha Sahay, Addl.. PP 07 / 27.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Budhai P.S. Case No.26/ 2024, registered under Sections 414/34 of Indian Penal Code, 54 JMMC Rules, 21/4 MMRD Act & 15 EP Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the Hywa, which was seized while transporting the illegally excavated stone chips. It is then submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready to co- operate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 40,000/- as cash security and 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 S.D.J.M., Madhupur (Deoghar) in connection with Budhai P.S. Case No.26/ 2024 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C. (ANIL KUMAR CHOUDHARY, J.) Smita/-