Allowed

Ravindra Kumar v. the State of Jharkhand

Jharkhand HC3 Oct 2020A.B.A./4524/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail protection to the petitioner, who was an accused in a mining case alleging illegal sand transportation. Relying on a coordinate bench's grant of bail to a similarly situated co-accused, the petitioner was to be released upon depositing security on surrender or arrest.

What did the court decide?

Anticipatory bail protection granted to be released on bail upon surrender or arrest within 4 weeks by depositing Rs. 40,000/- cash security and furnishing a bond with two sureties of Rs. 25,000/- eac

Ravindra Kumar Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 4524 of 2020

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Ravindra Kumar ----Petitioner

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Versus

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The State of Jharkhand ----Opposite Party

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CORAM: Hon’ble Mr. Justice Aparesh Kumar Singh

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Through: Video Conferencing

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--For the Petitioner : Mr. Kanti Kumar Ojha, Advocate For the State : Ms. Anuradha Sahay, A.P.P.

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02/ 03.10.2020 Mr. Kanti Kumar Ojha, learned counsel for the petitioner undertakes to remove the following surviving defect within a period of 2 weeks.

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(i) Subject & Adhar detail is missing at Index. (ii) Annexure-1 statement may be corrected at Index.

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(iii) Village name at page-1 & Vakalatnama differs.

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(iv) Addressing portion may be suitably corrected. (v) Alleged Sections at para-1, 4 & 5 may be verified from registered part of F.I.R

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(vi) Duly certified T/C at pg-12 may be filed.

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Petitioner who has been made an accused in Patratu P.S. Case No. 104/2020 for the offences under Section 54 of JMMC Rule, 2004, Section 4 and Section 21 of Mines and Mineral Development Regulation Act, 1957, pending before learned Chief Judicial Magistrate, Ramgarh, has approached this Court for protection in terms of Section 438 of the Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case for alleged transportation of illegal sand along with several other persons, whose vehicle numbers or name are given in the F.I.R. Petitioner is the owner-cum-driver of the Tractor no. JH01BA8693. In similar circumstances, another accused, Dilip Kumar Singh, owner of Tractor no. JH01AB 6746, whose name appears at serial no. 11 of the table in the FI.R, has been granted anticipatory bail by a Coordinate Bench of this Court presided over by Hon’ble Mr. Justice Anil Kumar Choudhary on 1^st October, 2020 in A.B.A. No. 4488 of 2020 with certain conditions of deposit of fine amount of Rs. 40,000/-. As such, petitioner may also be granted protection of anticipatory bail.

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Learned APP for the State has opposed the prayer.

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Having considered the facts and circumstances noted above and in view of the fact that similarly placed co-accused, Dilip Kumar Singh, owner of the Tractor bearing no. JH01AB 6746, has been granted privilege of anticipatory bail in ABA No. 4488 of 2020 on certain conditions by coordinate Bench of this Court, I am inclined to grant privilege of anticipatory bail to the petitioner on the same condition.

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Accordingly, petitioner above named, in the event of his surrender or arrest within a period of 4 weeks, shall be released on bail on depositing cash security of Rs. 40,000/- and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ramgarh in connection with Patratu P. S. Case No. 104 of 2020, subject to the condition that the petitioner will co-operate with the investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under Section 438(2) of Cr.P.C.

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( Aparesh Kumar Singh, J)

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jk/

Ravindra Kumar v. the State of Jharkhand

Case brief

What is this about?

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Ravindra Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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