In a recent case, the Jharkhand High Court allows anticipatory bail for petitioner apprehending arrest for the allegation of smuggling of coal. The bail was granted based on tax invoices and e-way bills. It was observed that the petitioner has no criminal antecedent as has been stated of the present anticipatory bail application.
Anand Kumar Gupta,the petitioner apprehending his arrest in connection with Katras P.S. Case for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957 and Rules 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, has prayed for grant of anticipatory bail.
Counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The petitioner is the owner of a truck which was allegedly apprehended by the police with about 30-35 tons of coal without valid paper. It was further submitted that in fact, the said coal was loaded in Kolkata and was being transported to Ranchi by the said truck with valid papers i.e. tax invoices, e-way bills etc.
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It was stated that though the said papers were shown to the police by the driver of the said vehicle, however, the same were refused to be accepted. The petitioner has no criminal antecedent as has been stated of the present anticipatory bail application. He, however, undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.
A single bench of Justice Rajesh Shankar held that “in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Dhanbad”.
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