Manoj Singh Alias Manoj Kumar Singh vs. The State Of Jharkhand
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The petitioner, Manoj Singh @ Manoj Kumar Singh, sought anticipatory bail in connection with Dumri P.S. Case No. 09 of 2024. The case was registered under Sections 406, 420, 120B of the Indian Penal Code and Section 13 of the Jharkhand Minerals Rule, 2017. The FIR alleged that the petitioner, as the owner of a truck, was involved in the illegal transportation of coal without valid documents. The petitioner claimed to be innocent, operating a legal business with a valid mineral dealer license, factory license, and GST registration. He asserted that he had validly purchased and sold the coal to Om Shree Laxmi Narayana Traders based on a tax invoice. The petitioner also stated he had no criminal antecedents and would cooperate with the investigation.
Held
The Jharkhand High Court granted anticipatory bail to the petitioner. The Court considered the facts and circumstances of the case, the nature of the allegations, and the materials available on record. The petitioner's submission that he possessed a valid mineral dealer license, factory license, and GST registration, and that the coal was purchased and sold based on a valid tax invoice, was taken into account. The Court found these submissions to be significant in its decision. The petitioner was directed to surrender in the court below within four weeks. Upon arrest or surrender, he was to be enlarged on bail upon furnishing a bail bond of Rs. 25,000/- with two sureties of like amount. Conditions included cooperation with the investigation, appearing before the investigating officer when noticed, providing his mobile number and Aadhaar card photocopy, and an undertaking not to change his mobile number during the pendency of the case, along with other conditions under Section 438(2) of the Cr.P.C.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the allegations of illegal transportation of coal and the materials on record? Petitioner's Contention: The petitioner argued for anticipatory bail, asserting his innocence and claiming to have conducted the coal transaction legally with all necessary licenses and a valid tax invoice. He highlighted his lack of criminal antecedents and willingness to cooperate with the investigation. State's Contention: The State, through its Special Public Prosecutor, opposed the prayer for anticipatory bail, citing the nature of the allegations against the petitioner and the materials available on record.
Sections Cited
Section 438(2)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3187 of 2024
------ Manoj Singh @ Manoj Kumar Singh
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... ....Opposite Party
------ Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
------
For the Petitioner
: Mr. P.K. Rai, Advocate For the State
: Mr. P.K. Chatterjee, S.P.P
------
Order No.05 Dated- 31.08.2024
Heard learned counsel for the parties.
Apprehending his arrest in connection with Dumri P.S. Case No. 09 of 2024 instituted under Sections 406, 420, 120B of the Indian Penal Code and Section 13 of Jharkhand Minerals Rule, 2017, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per FIR, petitioner being owner of the alleged truck was found indulged in illegal transportation of coal without any valid documents.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case with ulterior motive. It is further submitted that the petitioner runs legal business having valid mineral dealer license vide Mineral dealer Registration No.J020415744 and also having factory license along with GST Registration and he has validly purchased the said coal and subsequently sold the said coal to Om Shree Laxmi Narayana Traders on the basis of a valid tax invoice. Petitioner has no criminal antecedents and he undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegations against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Giridih in connection with Dumri P.S. Case No. 09 of 2024 with the condition that he will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Pappu/
Reproduced from the public record of the Jharkhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.