The Court granted anticipatory bail to the petitioner who was apprehended of arrest on suspicion in a mining-related case, directing surrender within two weeks.
Anticipatory bail granted; petitioner directed to surrender within two weeks and furnish Rs.25,000 bond with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8397 of 2022
Hussain Ansari @ Hussain Mian @ Bhetra Mian …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party --------
CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
-------For the Petitioner : Mr. A. K. Choudhary, Advocate For the State : Mr. S. K. Tiwari, Spl.P.P --------
04/ Dated 07.11.2022
Heard the parties.
The petitioner is apprehending his arrest in connection with Shikaripara P.S. Case No. 70 of 2022, corresponding to G.R No.532 of 2022, for the offences under Sections 379, 413 and 414 of the Indian Penal Code, Section 21 (5) of the Mines and Minerals (Development and Regulation) Act, 1957, Section 37 of the Air (Prevention of Control of Pollution) Act, 1981, Section 44 of the Water (Prevention and Control of Pollution) Act, 1974, Section 30 (c), 33 (B&C) of the Indian Forest Act, 1927 and Under Rule 13 of the Jharkhand (Prevention and Illegal Mining Storage and Transportation) Rule, 2017, pending in the court of learned Chief Judicial Magistrate, Dumka.
It is alleged that on the basis of confidential information, informant party seized 15 quintals of coal from a public place near Banshpahari, Shikaripara. On local enquiry, it transpired that the petitioner and others indulged in illegal mining coal.
It was submitted that prosecution has not named any of the witnesses who had spelt out the name of this petitioner. It was further submitted that petitioner has been made accused only on suspicion. Learned A.P.P has opposed the prayer for bail but has not disputed this fact.
Regard being had to the facts of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, named above, is directed to surrender in the court below within two weeks from the date of receipt / production of a copy of this order, and in the event of his arrest or surrender in the court below, he shall be enlarged on bail 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 Chief Judicial Magistrate, Dumka, in connection with Shikaripara P.S. Case No. 70 of 2022, corresponding to G.R No.532 of 2022, on the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
BS/
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given that he is apprehended of arrest on suspicion without named witnesses.
1 provisions across 1 enactments
Hussain Ansari @ Hussain Mian @ Bhetra Mian
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
