Allowed

Kamrul Haque Khan v. the State of Jharkhand

Jharkhand HC3 Sept 2019A.B.A./857/2019

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail fearing arrest for illegal sand excavation. Single Judge held it was a fit case, granting bail upon surrender within four weeks upon depositing cash security and meeting investigation cooperation conditions under Section 438 CrPC.

What did the court decide?

Anticipatory bail granted subject to surrender within four weeks, depositing Rs.30,000 cash security, furnishing bail bond of Rs.25,000 with two sureties, cooperation with investigation, and specific

Kamrul Haque Khan Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 857 of 2019

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Kamrul Haque Khan @ Kamrul Haque

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… Petitioner Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Sabyasanchi, Advocate For the State : A.K. Toppo, Addl. P.P. ------

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Order No.06 Dated- 03.09.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Garhwa P.S. Case No.499 of 2018 registered under sections 414/413/34 of the Indian Penal Code, under section 21 of M.M. (DR) Act, 1957, under section 52(5)/52(1) TJM (POIMT 45) Rule 2017, Rule 2004, JMMC (AR) 2017, under section 13(1)/13(2) of the MMDR Act, 1957 & under section 21.

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

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons was involved in illegal excavation of sand and storage of the same. It is next submitted by the learned counsel for the petitioner that the allegations against the petitioner are false and the petitioner is a teacher in Government Primary School, Hussaini. It is next submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of 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

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above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.30,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa, in connection with Garhwa P.S. Case No.499 of 2018 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu-

Kamrul Haque Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kamrul Haque Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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