Prabhu Sao Alias Prabhu Sah vs. The State Of Jharkhand

Held

The Court, having heard the learned counsel for the parties and considering the materials on record, was inclined to grant anticipatory bail to the petitioner. The reasoning for this decision is not explicitly detailed in terms of a deep analysis of the evidence or legal provisions beyond the general consideration of the materials. The Court found sufficient grounds to grant the petitioner the protection of anticipatory bail. The operative direction was to release the petitioner on bail upon his arrest or surrender within three weeks, subject to furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Chatra. The conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, were to be followed. No issues were expressly left undecided.

Facts

The petitioner, Prabhu Sao @ Prabhu Sah, is seeking anticipatory bail in connection with Bashistanagar P.S. Case No. 55/2024. He is apprehending arrest for alleged offences under Sections 406/414/419/420/467/468/469/471/120-B of the Indian Penal Code and Section 30(2) of the Coal Mines (Nationalization) Act, 1973. The petitioner claims to be the owner of a truck found loaded with 29.81 tonnes of illegal coal, allegedly transported from Amrapali Project of CCL to Varanasi with forged papers for illegal sale. The petitioner asserts that the truck was accompanied by genuine papers, including a GST delivery challan and transportation challan, and that he has no criminal antecedent. He has undertaken to cooperate with the investigation.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of transporting illegal coal with forged documents and his claim of innocence and lack of criminal history? Petitioner's Arguments: The petitioner argued that he has been falsely implicated, that the truck was carrying genuine documents like GST delivery challan, and that he has no criminal antecedent. He also undertook to cooperate with the investigation, seeking the privilege of anticipatory bail. Revenue/State's Arguments: The learned A.P.P. opposed the petitioner's prayer for anticipatory bail.