Abdul Sk Alias Abdul Khalek vs. The State Of Jharkhand

Held

The Court considered the fact that the fine amount of Rs. 48,000/- has already been deposited, as evidenced by the supplementary affidavit. Based on this, the Court directed the petitioner to surrender before the learned court below within four weeks. Upon surrender, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Pakur. The release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. The application for anticipatory bail was allowed.

Facts

The petitioner, Abdul Sk @ Abdul Khalek, is seeking anticipatory bail in connection with Amrapara P.S. Case No. 34/2020. The case involves the seizure of a vehicle (registration no. NL01N/4583) loaded with sand. Upon inspection, the transportation challan, GST bills, and dispatch slip were found to be prima facie false and fabricated. The petitioner, who is the driver of the seized vehicle, has submitted that a fine of Rs. 48,000/- has already been deposited with the concerned department. This fact was brought on record through a supplementary affidavit.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail in connection with Amrapara P.S. Case No. 34/2020, considering the alleged use of forged GST bills and other transportation documents for sand, and the subsequent deposit of a fine. The petitioner argued that he is merely the driver of the vehicle and that the fine amount of Rs. 48,000/- has already been deposited. The State, through the learned A.P.P., opposed the prayer for anticipatory bail, contending that the petitioner was in possession of forged documents related to the sand transportation.