Aman Singh Alias Aman Siingh vs. The State Of Jharkhand

Held

The High Court allowed the anticipatory bail application. The Court considered the submissions of the learned counsel for the petitioners and the facts presented. The reasoning appears to be that the issue of invalid documents stemmed from a GST payment lapse for a specific month, which was subsequently rectified. The Court found sufficient grounds to grant anticipatory bail, subject to certain conditions. The petitioners were directed to deposit Rs. 25,000/- each as cash security and furnish bail bonds of Rs. 25,000/- each with two sureties of the like amount. They were also directed to cooperate in the investigation and appear on notice under Section 41A of the Cr. P.C. The Court did not expressly leave any issue undecided.

Facts

The petitioners, Aman Singh, Sudhansu Shekhar, and Ranjeet Kumar, sought anticipatory bail in connection with Sudamdih P.S. Case No. 35 of 2022, registered under Sections 414, 420, 34 of the Indian Penal Code and Section 30(ii) of the Coal Mines Act. They are owners of three trucks seized with significant quantities of coal. The petitioners claimed the coal was being transported with valid documents, but these were found invalid because GST for April had not been paid, although payments were made monthly thereafter. The State opposed the bail application.

Key Issues

1. Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr. P.C. considering the allegations of transporting coal with allegedly invalid documents due to non-payment of GST for a specific period. Petitioner's Argument: The petitioners argued that they are owners of trucks seized with coal, and the consignment was being transported under valid documents. They contended that the invalidity arose solely from the non-payment of GST for April, which was subsequently rectified. They sought anticipatory bail to avoid arrest. Revenue/State's Argument: The Additional Public Prosecutor opposed the prayer for bail, implying that the allegations, including the invalidity of documents due to GST non-payment, warranted denial of anticipatory bail.