IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Anant Bijay Singh, J.
Vijay Kumar Bharti - Appellant
Versus
State Of Jharkhand - Respondent
A.B. A. No. 5008 of 2016
Decided On : 23-03-2017
Anticipatory Bail - Drugs and Cosmetics Act, 1940 - The court directed the petitioner to surrender within four weeks and granted anticipatory bail upon surrender, subject to certain conditions.
Fact of the Case:
The petitioner sought anticipatory bail in connection with a case under the Drugs and Cosmetics Act, 1940, alleging false implication.
Finding of the Court:
The court directed the petitioner to surrender within four weeks and granted anticipatory bail upon surrender, subject to certain conditions.
Issues: Apprehension of arrest, false implication, eligibility for anticipatory bail
Ratio Decidendi: The court considered the petitioner's lack of criminal antecedent and employment as a para teacher in a Govt. Middle School in granting anticipatory bail.
Final Decision: The petitioner was directed to surrender within four weeks and granted anticipatory bail upon surrender, subject to certain conditions.
ORDER
Anant Bijay Singh, J. – The petitioner is apprehending his arrest in connection with Chhipadohar P.S. Case No. 25 of 2016, corresponding to G.R. No. 674 of 2016, for the offence under sections 18(c), 27(b) (ii) of Drugs and Cosmetics Act, 1940.
2. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent. The petitioner is a para teacher in a Govt. Middle School, Kuchila.
3. Learned A.P.P opposed the prayer for anticipatory bail.
4. It appears that under order dated 16.03.2017, on pointed query, as to whether the petitioner is ready to deposit Rs. 21,000/- in the Jhrkhand High Court Advocate Association or not, counsel for the petitioner has submitted that petitioner is ready to deposit Rs. 15,000/-.
5. In the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- ( Rupees ten thousand), with two sureties of the like amount each to the satisfaction of the court of Sri S. N. Bara, learned J.M, Ist Class, Latehar, in connection with Chhipadohar P.S. Case No. 25 of 2016, corresponding to G.R. No. 674 of 2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C., 1973 The petitioner is directed to deposit Rs. 15,000/- before the Secretary General, Jharkhand High Court Advocate Association and file the receipt of deposition of amount before the court below on the date of his surrender.
6. Let a copy of this order be sent to the court below and a copy of this order be sent to the Secretary General, Jharkhand High Court Advocate Association.
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