Allowed

Basudeo Mandal And Anr. v. The State Of Jharkhand

Jharkhand HC14 Jul 2017A.B.A./4134/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioners in a case involving illegal extraction of coal. The court admitted them to bail subject to depositing cash security and furnishing a bond with sureties upon arrest or surrender within four weeks.

What did the court decide?

Petitioners admitted to anticipatory bail; order for release on bail upon arrest/surrender with conditions regarding security and sureties.

Basudeo Mandal And Anr. Vs The State Of Jharkhand — Corruption | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 4134 of 2017

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Basudeo Mandal

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Ram Kishore Mandal @ Raj Kishore Mandal … Petitioners

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Versus

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State of Jharkhand … Opp. Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner(s) : Mr. Shailendra Jit, Adv. For the State : Addl. P.P.

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02 /14.07.2017 Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Giridih (Mufassil) P.S. Case No. 139 of 2017 (G.R. No. 1128 of 2017) registered under section 379 & 411 of the Indian Penal Code, section 39 & 40 of the M.M.D.R. Act and section 30(ii) of the Coal Mines Act.

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Heard the learned counsel for the petitioners and the learned Addl. P.P. for the State.

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The learned counsel for the petitioners submits that the allegations against the petitioners are that they indulged in illegal extraction of coal and trading thereof. The allegations are all false and the petitioners were not present at the place of occurrence. They have been implicated in this case only on basis of the statement made by the co-accused persons before the police. He further submits that the petitioners are ready and willing to furnish sufficient security including cash security. It is submitted on behalf of the petitioners that the co-accused persons with similar allegations have already been given the privilege of anticipatory bail by this court vide order dated 01.07.2017, passed in A.B.A. No. 3827 of 2017, and on the principle of parity, the petitioners be also given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail but concedes that co-accused persons with similar allegations have been granted anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the petitioners Basudeo Mandal and Ram Kishore Mandal @ Raj Kishore Mandal be admitted to anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 3000/- each and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Giridih, in connection with Giridih (Mufassil) P.S. Case No. 139 of 2017 (G.R. No. 1128 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C.

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Sonu-

Basudeo Mandal And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Basudeo Mandal And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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