The court granted anticipatory bail to the petitioner in connection with a criminal case regarding illegal sand transportation, directing surrender within four weeks and fixing bail conditions.
Extension of anticipatory bail; directed to surrender within four weeks and be released on bail on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3325 of 2020
Bikash Nayak ..... Petitioner Vs. The State of Jharkhand .... Opposite Party
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Samir Kr. Lal, Advocate For the State : Mrs. Sweta Singh, A.P.P. ---
Order No. 02 Dated 06th October, 2020
Heard the learned counsel for the respective sides.
So far as the defects No. 4 and 9(i), are concerned, learned counsel for the petitioner undertakes to remove the same once the situation normalizes. As regards, the rest defects, as pointed out by the office, are concerned, the same are ignored.
The petitioner apprehends his arrest in connection with Mosabani P.S. Case No. 43 of 2019.
It has been alleged that two tractors illegally loaded with sand were intercepted and no valid document with respect to such transportation could be produced by the drivers.
The petitioner appears to be owner of one of the seized tractors bearing registration No. JH05BF-3435. It appears that the petitioner has deposited the fine amount of Rs. 1599/- before the Mining Department. One of the co-accused Masang Tuddu whose case is similarly situated to that of the petitioner has been granted anticipatory bail by the learned court below.
Learned counsel submits that the vehicle had been entrusted to the driver and therefore the petitioner is not responsible for any illegal act committed by the driver.
On consideration of the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner accordingly is directed to surrender before the learned court below within four weeks from today and on such surrender, he 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 learned Additional Chief Judicial Magistrate at Ghatshila in connection with Mosabani P.S. Case No. 43 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether anticipatory bail is maintainable in a case involving illegal transportation of sand.
1 provisions across 1 enactments
Bikash Nayak
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
