Gopal Burnwal Alias Gopal Kumar Burnwal vs. The State Of Jharkhand
Held
The Court granted anticipatory bail to the petitioner. The Court noted that the petitioner is the driver of the truck and has produced documentary evidence, specifically Annexure-2, which is an invoice certificate of dealer registration with regard to coal, and an e-way certificate. The Court also took into consideration that the owner of the truck had been granted anticipatory bail in a related matter. Given these facts and circumstances, the Court found it inclined to grant the privilege of anticipatory bail. The petitioner was directed to surrender before the learned court within three weeks and, upon surrender/arrest, to be released on bail with specific bond and surety conditions, subject to the stipulations under Section 438(2) of the Code of Criminal Procedure.
Facts
The petitioner, Gopal Burnwal, is seeking anticipatory bail in connection with Nimiaghat P.S. Case No. 51 of 2023, registered under sections 379, 414, 34 of the Indian Penal Code and section 30(ii) of the Coal Mines Act. The petitioner claims to be the driver of the seized truck and has submitted an invoice certificate of dealer registration for coal, along with an e-way certificate. He also states he has no criminal antecedents. The owner of the truck has already been granted anticipatory bail in a separate application. The State opposed the prayer, citing non-submission of GST returns.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the alleged offences and the documents produced. Petitioner's arguments: The petitioner contends that he is merely the driver of the truck, possesses relevant documentation (invoice certificate, e-way certificate) for the coal transported, and has no prior criminal record. He further points out that the owner of the truck has been granted anticipatory bail, suggesting parity. Revenue/State's arguments: The State opposes the anticipatory bail application on the sole ground that GST returns were not submitted.
Sections Cited
Section 438(2)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 10953 of 2023
---- Gopal Burnwal @ Gopal Kumar Burnwal .... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Raj Nandan Chatterjee, Advocate
For the State
:- Mr. S.K. Dubey, Advocate
---- 5/22.03.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.
The petitioner is apprehending his arrest in connection with Nimiaghat P.S. Case No.51 of 2023, for the offence registered under sections 379, 414, 34 IPC and section 30(ii) of Coal Mines Act, pending in the court of learned Judicial Magistrate, 1st Class, Giridih.
Learned counsel for the petitioner submits that the petitioner is the driver of the truck bearing registration no.W.B.19H 2169 and the truck was standing wherefrom the truck was seized. He refers to Annexure-2 that is the invoice certi
The judgment continues below.
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