Partly allowed

Dulal Rajak v. the State of Jharkhand

Jharkhand HC22 Sept 2022A.B.A./6867/2022

Case brief

AI extract

What is this about?

The High Court at Ranchi allowed an application for anticipatory bail for petitioners, specifically Nos. 2 to 8, involved in an illegal mining case under various sections of the Coal Mines Act and IPC. The court granted bail subject to conditions.

What did the court decide?

Petitioners Nos. 2 to 8 were released on bail upon furnishing a bond of Rs. 25,000 each and complying with SC conditions; Petitioner No. 1 withdrew his prayer upon arrest. Petitioners must cooperate w

Dulal Rajak Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 6867 of 2022

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1.Sanjay Singh 2.Dulal Rajak

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3.Joginder Singh @ Yoginder Singh

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4.Subhash Das @ Subhas Das 5.Md. Imran 6.Tinku Saw 7.Daud Ansari 8.Md. Muktar @ Md. Mukhtar .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)

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........... CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioners : Mr. Mahesh Tewari, Advocate For the State : Mr. Manoj Kr. Mihsra, APP

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04/ 22.09.2022 . Apprehending their arrest, petitioners above-named have moved this Court

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for grant of anticipatory bail in connection with Nirsa P.S. Case No.144 of 2022 registered for the offence under Sections 379, 411, 414/ 34 of the Indian Penal Code, Section 30(ii) of the Coal Mines Act, Section 4/ 21 MMRD Act and Rules 7 /13 of Jharkhand Minor Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

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Heard the parties.

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From order dated 22.08.2022, it appears that the petitioner no.1 has already been arrested and accordingly, the prayer of anticipatory bail on behalf of petitioner no.1 has already been withdrawn.

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It is submitted by learned counsel appearing on behalf of the petitioners that petitioner no.2 is the owner of truck No.WB 37D-7397, petitioner no.3 is the driver of truck No.WB 37D-7397, petitioner no.4 is the owner cum driver of Truck No.WB 41T-6703, petitioner no.5 is the owner of truck no.WB37D-1900, petitioner no.6 is driver of Truck No.WB 37D-1900, petitioner no.7 is the driver of truck no.WB37C8510 and petitioner no.8 is the owner of truck no.WB37C-8510.

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It is further submitted that petitioner nos.2 to 8 are the owner and driver of seized commercial trucks and their trucks were standing empty for loading of coal in M/s Maa Bhagwati Coal (MBC) Soft Coke Oven Plant and trucks were loaded partly with the alleged coal.

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It is further submitted that the documents were produced with respect to the coal by the owner of the Plant, namely, Mr. Sanjay Singh.

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Learned APP for the State has opposed the prayer.

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Considering the submissions of learned counsel and the fact as discussed above,

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the anticipatory bail application is allowed. Hence, in the event of their arrest or surrender within a period of two weeks from the date of this order, the petitioners

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-2-

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Nos.2 to 8 , named above shall be released on bail 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 Court below, subject to the conditions laid down under Section 438(2) Cr. P.C.

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The petitioner nos.2 to 8 will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. and comply with the condition as laid down under Section 438(2) of the Cr.P.C.

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( Gautam Kumar Choudhary, J. )

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Sandeep/

Dulal Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dulal Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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