Allowed

MD Shamsher Alam v. the State of Jharkhand

Jharkhand HC19 Mar 2021A.B.A./230/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in an illegal mining case. The petitioner faced charges under the Indian Penal Code, Indian Forest Act, and M.M.D.R Act. The Court noted the petitioner had no recovered property and sought bail conditions.

What did the court decide?

Anticipatory bail granted; petitioner to surrender/arrest within 4 weeks; bail bond of Rs. 10,000 with sureties; cash security of Rs. 15,000.

MD Shamsher Alam Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 230 of 2021

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Md. Shamsher Alam ----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. Vishnu Prabhakar Pathak, Advocate For the State: Mr. Prabir Kr. Chatterjee, A.P.P

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03/19.03.2021 Heard learned counsel for the petitioner and the learned A.P.P for the

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State.

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Petitioner seeks anticipatory bail in terms of Section 438 of the Cr.P.C in connection with Latehar P.S. Case No. 73/2020 for the offence under sections 414 and 34 of Indian Penal Code, section 33 of Indian Forest Act, section 21 of M.M.D.R Act, 1957 and section 13 of J.M. (PIMTS) Rules, 2017 and pending before the Court of learned Chief Judicial Magistrate, Latehar.

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Learned counsel for the petitioner submits that FIR was registered on the basis of written complaint of District Mining Officer who accompanied the Officer-in-Charge of Latehar P.S. for surprise inspection of illegal mining in village Tubaid near the bank of a river near Jerjer Tola. During inspection 01 tonne of coal. 1.5 HP Pump and a Passion Pro motorcycle was recovered. It is alleged that local people informed that the petitioner, one Md. Motikur Rahman and other unknown persons were involved in illegal mining. Learned counsel for the petitioner submits that Passion Pro motorcycle is not in the name of the petitioner and nothing has been recovered from the petitioner and on mere presumption and hearsay, he has been made an accused in this case. On similar allegation, petitioner was made accused in Latehar P.S. Case No. 26/2020. However, Coordinate Bench of this Court vide order dated 09.10.2020 has been pleased to grant anticipatory bail to the petitioner in A.B.A. No. 4834/2020. Therefore, petitioner may be granted anticipatory bail, otherwise he may have to suffer unnecessary incarceration on unfounded allegation.

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Learned A.P.P has opposed the prayer. He submits that the petitioner has criminal antecedent also.

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I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances above. It appears that name of the petitioner has transpired on information by the local villagers and a Passion Pro motorcycle seized from the spot is not in the name of the petitioner. Petitioner

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has earlier been granted anticipatory bail in connection with Latehar P.S. Case No. 26/2020 in A.B.A. No. 4834/2020 by the Coordinate Bench of this Court. In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 73/2020, subject to deposit of cash security of Rs. 15,000/- in the Court below and other conditions as laid down under Section 438(2) of Cr.P.C.

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Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile number without permission of the trial court.

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( Aparesh Kumar Singh, J)

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Ranjeet/

MD Shamsher Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Shamsher Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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