Patna HC granted anticipatory bail to petitioners facing charges in an illegal mining case instituted on confidential information. Court directed surrender within 2 weeks and imposition of bond conditions.
Anticipatory bail granted on surrender within two weeks, furnishing bonds of Rs. 25,000 each with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 8412 of 2022
Versus
The State of Jharkhand .…. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioners : Mr. A. K. Choudhary, Advocate For the State : Mr. A. K. Tiwari, A.P.P --------
04/ Dated 07.11.2022
Heard the parties.
The petitioners are apprehending their arrest in connection with Shikaripara P.S. Case No. 72 of 2022, for the offences under Sections 379 and 411 of the Indian Penal Code read with Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 9 (B) of the Explosive Act, 1884, pending in the court of learned Chief Judicial Magistrate, Dumka.
It appears that on the basis of typed report of Mining Officer, Dumka, alleging that 225 tons of coal were recovered from a public place at Shikaripara and the petitioners along-with others were involved in illegal mining of coal, the present case was instituted.
It was submitted that names of these petitioners have come on the basis of confidential information. Names of any witness who has spelt out the involvement of the petitioners has not been stated. 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 petitioners. Accordingly, the petitioners, named above, are 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 their surrender in the court below, they shall be enlarged on bail on furnishing bail bonds of Rs.25,000/-(Rupees Twenty Five Thousand) each 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. 72 of 2022, on the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
BS/
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in connection with illegal mining FIR.
Whether application of reasonable conditions including surrender and bond submission satisfies statutory requirements.
1 provisions across 1 enactments
Kadir Mian @ Ansari
Mohd. Badruddin Ansari
Chhote Ansari @ Abdul Gaffar Ansari @ Chota Ansari
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
