Bikash Choudhary @ Vikash Kumar Choudhary @ Vikash Choudhary vs. The State Of Jharkhand

Facts

The petitioner, Bikash Choudhary, is seeking anticipatory bail in connection with Narayanpur P.S. Case No. 69 of 2024. The case involves allegations under Sections 414, 420, 467, 468, and 471 of the Indian Penal Code, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017. The petitioner's firm, Maa Kali Enterprises, allegedly purchased coal, and a GST document was provided to the driver. The allegation is that this GST document was forged. The petitioner has two prior criminal antecedents with similar allegations, where the GST documents were found to be true, and he was granted anticipatory bail by the learned Sessions Judge in those cases. The driver and owner of the truck have also been granted anticipatory bail.

Held

The Court decided to grant anticipatory bail to the petitioner. The reasoning was based on the fact that in two previous cases with similar allegations, the GST documents were found to be true, and the petitioner had been granted anticipatory bail by the learned Sessions Judge. The Court noted that the same allegations are made in the present case. Therefore, considering the attending facts and circumstances, the Court was inclined to grant anticipatory bail. The operative direction was for the petitioner to surrender before the learned court within three weeks from the date of the order. Upon surrender or arrest, the petitioner is to be released on bail, subject to furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Jamtara. The conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, were also to be followed.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail in connection with Narayanpur P.S. Case No. 69 of 2024, considering the allegations of transporting illegal coal and producing a forged GST document? Petitioner's Arguments: - The petitioner's firm purchased coal, and a GST document was provided to the driver. - The allegations pertain to producing a forged GST document. - The driver and owner of the truck have already been granted anticipatory bail. - The petitioner has two prior criminal antecedents with similar allegations, where the GST documents were found to be true, and he was granted anticipatory bail by the learned Sessions Judge. - Based on these grounds, anticipatory bail should be granted. State's Arguments: - The State opposes the prayer for anticipatory bail. - The allegations involve transporting illegal coal on the truck in question.