Mangru Oraon Alias Manglu Oraon v. the State of Jharkhand
Case brief
What is this about?
High Court at Ranchi granted anticipatory bail to Mangru Oraon in an illegal mining case involving procedural violations like lack of pollution clearance. Court held no useful purpose in delaying release and fixed bail conditions.
What did the court decide?
Anticipatory bail granted on furnishing a bond of Rs. 20,000 with two sureties of like amount. Release contingent on cooperating in trial, not inducing witnesses, and appearing for interrogation.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4565 of 2022
Mangru Oraon @ Manglu Oraon …. ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party
CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : M. Anil Kr. Sinha, Advocate For the State : Mr. P.K. Chatterjee, Spl.P.P.
5/05.08.2022 Heard learned counsel for the applicant and learned Spl.PP for the State.
This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Dhurwa (Tupudana) P.S. Case No.125 of 2021, registered under section 414 of the Indian Penal Code, section 4/21 of the Mines and Minerals (Development and Regulation) Act, under section 54 of the Jharkhand Minor Minerals Concession Rules, section 7,9 and 13 of the Prevention of Illegal Mining, Transportation and Storage Rules, pending in the court of learned Chief Judicial Magistrate, Ranchi.
Learned counsel for the applicant has submitted that the FIR of this case was lodged against 25 named accused including the applicant with these allegations that as per direction of the District Mining officer, the informant inspected the area of Bermad, Balsiring Hazam Area of Tupudana on 28.07.2021 and all the named accused in the FIR were found to be involved in excavation, storage and also transporting of the minerals without any permit. Hence the FIR was lodged.
Learned counsel for the applicant has submitted that though the name of the applicant figured in FIR yet no alleged offence is made out against him. Indeed, the applicant is lease holder for a period of 10 years. His lease deed has been filed by way of affidavit in support of this anticipatory bail application. The applicant is having no criminal antecedents.
Issues for consideration
2 issues framed by the court
Whether the applicant, who is a lease holder with no criminal antecedents, is entitled to anticipatory bail pending investigation in an illegal mining case.
Whether the lack of a pollution certificate issued by the Pollution Control Board warrants refusal of anticipatory bail at this stage.
Parties & counsel
- applicant
Mangru Oraon
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · August
- Registered
- Case no.
- A.B.A./4565/2022
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