Jharkhand High Court
Praful Kumar Mehta @ Sujit Kumar ... vs The State Of Jharkhand on 28 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4640 of 2021
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Praful Kumar Mehta @ Sujit Kumar Mahto @ Praful Kuamr
Mehta ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Pankaj Kr. Dubey, Advocate
For the State : Mr. Satish Prasad, Addl. P.P.
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Order No.02 Dated- 28.07.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to
remove the defects as pointed out by the stamp reporter within two
weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for
the petitioner, the defects pointed out by the stamp reporter are
ignored for the present.
Apprehending his arrest, the petitioner has moved this Court
for grant of privilege of anticipatory bail in connection with Tarhasi
P.S. Case No.97 of 2019 (G.R. No. 1436 of 2019) registered under
sections 25 (1-b)a/26 of Arms Act.
The Learned counsel for the petitioner submits that the police
seized one loaded pistol with cartridge of 0.315 bore from the co-
accused- Pradeep Mahto and in his confessional statement; the co-
accused has stated that the petitioner was involved in smuggling of
fire arms illegally along with his companions. It is further submitted
that the allegations against the petitioner are all false and except the
confessional statement of the co-accused, there is no material in the
record to implicate the petitioner in this case. It is also submitted that
though the petitioner was earlier involved in Patan (Rajhara O.P.)
P.S. Case No.110 of 1998 corresponding to G.R. No.951 of 1998 but
vide judgment dated 31.01.2018, the petitioner has been acquitted in
the said case. It is then submitted that the petitioner is ready and
willing to furnish sufficient security including cash security and
undertakes to cooperate with the investigation of the case. Hence, it
is submitted that the petitioner be given the privilege of anticipatory
bail.
Learned Addl. P.P. opposes the prayer for grant of
anticipatory bail.
Considering the submissions of the counsels and the fact as
discussed above, I am of the opinion that it is a fit case where the
above named petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six
weeks from the date of this order, he shall be released on bail on
depositing cash security of Rs.50,000/- 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 C.J.M., Palamau at
Daltonganj, in connection with Tarhasi P.S. Case No.97 of 2019 (G.R.
No. 1436 of 2019) with the condition that the petitioner will
cooperate with the investigation of the case and appear before the
Investigating Officer as and when noticed by him and will furnish
his mobile number and a copy of his Aadhar Card in the court below
with the undertaking that he will not change his mobile number
during the pendency of the case subject to the conditions laid down
under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
