Petitioner, an accused under Section 414 IPC for alleged illegal carriage of stone chips, sought regular bail opposing false implication during police apprehension. Court inclined to enlarge him on bail conditions.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount.
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N THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3369 of 2017
Anand Singh @ Anand Singh Sardar … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate For the Opp. Party : A.P.P.
02/04.05.2017 Heard learned counsel for the parties.
Petitioner is an accused in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 4/54 of the Jharkhand Minor Mineral Concession Rules, 2004.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. It is alleged that the petitioner was apprehended by the police while carrying 400 Cft illegal stone chips on a dumper. It is submitted that the petitioner was the driver of the said vehicle and was carrying the said stone chips in the dumper on the direction of co-accused Sukram Mandal (owner of the dumper), who himself has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.04.2017 in A.B.A. No.2361 of 2017 after depositing Rs.7000/- as the cost of the recovered stone chips. The petitioner is in judicial custody since 20.03.2017 and, therefore, he may be given the privilege of regular bail.
Learned A.P.P. has opposed the petitioner's prayer for bail.
Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner, named above, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Seraikella in connection with Chandil P.S. Case No.37 of 2017 corresponding to G.R. No.263 of 2017.
(Rajesh Shankar, J.)
R.P./
2 issues framed by the court
Whether the petitioner charged under Section 414 IPC is entitled to regular bail.
Whether the petitioner's role as driver carrying stolen material affects bail eligibility.
2 provisions across 2 enactments
Anand Singh @ Anand Singh Sardar
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
