In exercise of powers under Section 438 Cr.P.C., the Court granted anticipatory bail to the petitioner in an illegal mining case involving seizure of unregistered vehicles, directing him to surrender or face arrest within four weeks.
Granted anticipatory bail subject to surrender or arrest within four weeks and furnishing bond with sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4526 of 2020
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Sakaldeo Prasad Mehta …......... Petitioner Vrs. The State of Jharkhand ….......... Opposite Party
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Sunil Kr. Dubey, A.P.P.
02/03.10.2020 Heard learned counsel for the petitioner Mr. Shailendra Jit and learned A.P.P. Mr. Sunil Kumar Dubey.
Learned counsel for the petitioner undertakes to remove the following surviving defects within two weeks :-
Hence its correctness at para-1 may be verified.
Petitioner seeks the protection of anticipatory bail in connection with Ichak P.S. Case No. 42 of 2019 corresponding to G.R. No. 330 of 2019 for the offence registered under Section 379 of the Indian Penal Code, Sections 3 / 4 of the Explosive Substance Act, Sections 33(1)(a), 33(1)(b) and 33(1)(c) of the Indian Forest Act, Section 4 of MMRD Act, Section 54 of JMMC Rules and Sections 27/29 of Wild Life Protection Act pending in the court of learned S.D.J.M. Hazaribag.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. However, he has been made accused on account of seizure of his tractor bearing no. JH 02AB 4138, though shown as not bearing any registration number. The allegation in the F.I.R. is that these vehicles Hywa and tractor were being used in illegal mining of stone. It is submitted that petitioner is innocent and has not indulged in any such acts of illegal mining of stone. The vehicle was however driven by one Dinesh Mahto @ Dineshwar Prasad Mehta since much before the occuirrence. It is submitted that in similar circumstances, another co-accused whose tractor without such registration number named at serial no.11 of the seizure list, has been granted the protection of anticipatory bail by a Coordinate Bench of this Court in A.B.A. No.2186/2020 vide order dated 7th August 2020 (Annexure-3). He further submits that one named accused Anup Kumar @ Anup Mehta @ Anu Mehta named in the F.I.R. has been granted the privilege of anticipatory bail
by a Coordinate Bench of this Court presided over by Hon’ble Mr. Justice Anil Kumar Choudhary in A.B.A. No.8932/2019 vide order dated 20.12.2019 with certain conditions. As such, petitioner may also be granted the privilege of anticipatory bail to prevent unnecessary incarceration in connection with the instant case. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He is ready to abide by all the conditions imposed by this Court.
Learned A.P.P. has opposed the prayer. He submits that these vehicles are without registration no. and caught indulging in transportation of illegal mined stone.
Having considered the facts and circumstances noted above and that similarly placed accused persons namely Anup Kumar @ Anup Mehta @ Anu Mehta and one Nageshwar Prasad Mehta have been granted the privilege of anticipatory bail by the Coordinate Benches of this Court in A.B.A. No.8932/2019 and A.B.A. No.2186/2020, I am inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within in a period of 4 weeks, shall be enlarged 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 S.D.J.M. Hazaribag in connection with Ichak P.S. Case No. 42 of 2019 corresponding to G.R. No. 330 of 2019, subject to the conditions laid down u/s 438(2) Cr.P.C.
(Aparesh Kumar Singh, J.)
Shamim/
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who was not named in the FIR but whose vehicle was seized in an illegal mining case.
Whether the petitioner should be granted bail on furnishing bond and sureties subject to conditions of Section 438(2) Cr.P.C.
1 provisions across 1 enactments
Sakaldeo Prasad Mehta
The State of Jharkhand
Apareesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
