Allowed

Amar Mahto v. the State of Jharkhand

Jharkhand HC29 Sept 2021A.B.A./7286/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a theft case involving illegal mining and stacking of sand. The court directed release upon deposit of security and following specific conditions regarding investigation cooperation and location ties.

What did the court decide?

Granted anticipatory bail; directed release on bail upon arrest or surrender within 6 weeks by depositing security and fulfilling conditions.

Amar Mahto Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7286 of 2021

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Amar Mahto … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Laxman Kumar, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P.

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Order No.02 Dated- 29.09.2021

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Heard the parties through video conferencing.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sonahatu P.S. Case No.35 of 2021 registered under sections 379 of the Indian Penal Code, under section 4/21 of the Mines Mineral (Development and Regulation) Act, 1957, under section 7/9 of the Jharkhand Mineral (Prevention of illegal Mining, Transportation and Storage) Rule, 2017 and under Rule 54 of the JMMC Rules, 2004.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons was involved in commission of theft and stacking of illegally excavated sand without having valid license. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-15 of the anticipatory bail application. It is then submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 21.09.2021, in A.B.A. No. 6921 of 2021. Hence, it is submitted that the petitioner be also given the privilege of anticipatory bail.

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Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.20,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1^st Class, Ranchi, in connection with Sonahatu P.S. Case No.35 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Amar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Amar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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