The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving illegal mining and alleged offences under the IPC and Indian Forest Act, directing his release upon surrender or arrest subject to bail conditions.
Anticipatory bail granted subject to a bail bond of Rs. 10,000 and two sureties of similar amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 894 of 2014 Jay Ram Mahto ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. N.K. Pandey, Advocate For the State : A.P.P. ------
10/ 03.11.2014 Heard learned counsel for the petitioner and learned counsel for the
State.
The petitioner is apprehending his arrest in connection with Nawadih P.S. Case No. 117 of 2013 corresponding to G.R. No. 1183 of 2013, for the alleged offences under Sections 413, 414, 120-B / 34 of the Indian Penal Code and Section 33 of the Indian Forest Act.
One person involved in illegal mining of the coal was apprehended by the police and he named other co-accused persons, who allegedly managed to flee away.
In view of the fact that the petitioner has been made accused only on the disclosure statement of apprehended co-accused, I am inclined to grant anticipatory bail to petitioner, Jay Ram Mahto. Accordingly, it is directed that in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri S.K. Dubey, learned Judicial Magistrate 1st Class, Bermo at Tenughat, or his successor, in connection with Nawadih P.S. Case No. 117 of 2013 corresponding to G.R. No. 1183 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
( H. C. Mishra, J.)
R.Kr.
3 issues framed by the court
Whether the petitioner, apprehending arrest on the basis of disclosure by a co-accused in an illegal mining case, is entitled to anticipatory bail.
Whether to grant anticipatory bail subject to the furnishing of a bail bond and two sureties.
Whether to direct release of the petitioner under Section 438 CrPC.
2 provisions across 2 enactments
Jay Ram Mahto
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
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