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Basarat Mian Alias Ali Alias Basarat Ali v. the State of Jharkhand

Jharkhand HC3 Feb 2022A.B.A./361/2022

Case brief

AI extract

What is this about?

The High Court Ranchi granted the petitioners the privilege of anticipatory bail in a Forest Court case involving alleged excavation and financial loss. The court allowed their release upon arrest or surrender subject to deposit and furnishing of a bail bond and sureties.

What did the court decide?

Grant of privilege of anticipatory bail; release on bail upon arrest or surrender within six weeks, subject to deposit of Rs. 25,000/- and furnishing of a bail bond and sureties.

Basarat Mian Alias Ali Alias Basarat Ali Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 361 of 2022

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Basarat Mian @ Ali @ Basarat Ali

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Bablu Mian @ Md. Mohrab Ansari … Petitioners Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Prabhash Ch. Sinha, Advocate : Mr. Aditya Raman, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P. ------

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Order No.02 Dated- 03.02.2022

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Heard the parties through video conferencing.

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Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after resumption of the Court in physical mode.

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

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Forest Case No.127 of 2014 registered under sections 33(1) (c)/63 of Indian Forest Act.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in excavating soil from the protected forest area and caused loss of Rs.25,000/- to the forest department. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 11 of the anticipatory bail application. It is then submitted that the petitioners undertake to jointly deposit Rs. 25,000/- with the Divisional Forest Officer, Ramgarh East without prejudice to their defence in this case, subject to final decision of the case and undertake to cooperate

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with the trial of the case. Hence, it is submitted that the petitioners be 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on jointly showing the proof of deposit of Rs. 25,000/- with the Divisional Forest Officer, Ramgarh East without prejudice to their defence in this case, subject to final decision of the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Giridih, in connection with Forest Case No.127 of 2014 with the condition that the petitioners will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioners with the Divisional Forest Officer, Ramgarh East in connection with this case.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Basarat Mian Alias Ali Alias Basarat Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Basarat Mian Alias Ali Alias Basarat Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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