Allowed

Baidyanath Mahata v. the State of Jharkhand

Jharkhand HC1 Oct 2020A.B.A./4465/2020

Case brief

AI extract

What is this about?

A single judge of the High Court of Jharkhand granted anticipatory bail to two petitioners accused of illegal sand excavation. They were directed to surrender within six weeks and deposit security tokens subject to cooperation conditions under Section 438(2) CrPC.

What did the court decide?

Grant of anticipatory bail directed to surrender within six weeks upon deposit of Rs.5,000 cash security and furnishing bond of Rs.25,000 with two sureties.

Baidyanath Mahata Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4465 of 2020

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Baidyanath Mahata

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Bikram Kumar Mahata

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Lukesh Kumar, Advocate For the State : Mr. Pradeep Kr. Verma, A.P.P

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Order No.02 Dated- 01.10.2020

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Heard the parties through video conferencing.

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Apprehending their arrest in connection with Chandankiyari P.S. Case No.101 of 2020 instituted under Sections 379/353 of the Indian Penal Code, Section 21 of Mines and Minerals (Development and Regulation) Act, 1957, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Mr. Lukesh Kumar- learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Learned counsel appearing for the petitioners submits that allegation against the petitioners is that the petitioners were involved in illegal excavation of sand and transportation of the same. It is submitted that all the allegations against the petitioners is false. Drawing attention of this Court towards para-21 instant anticipatory bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Bokaro within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Chandankiyari P.S. Case No.101 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change his mobile number

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during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Baidyanath Mahata v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Baidyanath Mahata v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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