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2025 DAILYLAW 27908 (JHR)

ASHISH KUMAR ALIAS ASHISH KUMAR GUPTA v. THE STATE OF JHARKHAND

A.B.A./7855/2024 · 2025-01-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7855 of 2024 ------ 1. Ashish Kumar @ Ashish Kumar Gupta 2. Raket Kumar Gupta @ Rakit Prasad .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Nilesh Kumar, Advocate For the State : Mr. Rakesh Kumar Sinha, Addl. P.P ------ Order No.04 Dated- 07-01-2025 Heard the parties. Apprehending their arrest in connection with Mahuawadanr P.S. Case No.18 of 2023 instituted under Sections 420/34 of the IPC and section 47(a) of Excise Act, the petitioners have moved this Court for grant of privilege of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons has committed cheating by selling English liquor at a price in excess of the MRP. It is next submitted by the learned counsel for the petitioners that the allegation against the petitioners is false. The petitioners are employee of the shop. No one has stated that the petitioners have sold any liquor at any price higher than the maximum retail price. It is next submitted that the petitioners are ready and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Latehar in connection with Mahuawadanr P.S. Case No.18 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) RKM/