This order deals with an anticipatory bail petition by truck owners and drivers accused of illegal mining. The High Court rejected relief for owners but directed drivers to surrender and obtain regular bail with conditions.
Relief denied to owners. Drivers directed to surrender within two weeks to secure bail of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 9185 of 2022
- Versus - The State of Jharkhand ... … Opposite Party ------
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For Petitioners : Mr. R. S. Mazumdar, Sr. Advocate : Mr. Rohan Mazumdar, Advocate For the State : Mr. Jitendra Pandey, A.P.P. ---
04/01.12.2022
Heard the Parties.
Petitioners are apprehending their arrest in connection with Ranga P.S. Case No. 85 of 2022, for the offences registered under Sections 175/379 of the Indian Penal Code, Section 21(a)/21(b) of MMDR Act and Rules 4/54 of J.M.M.C. Rule, 2004, Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining) Transportation & Storage Rule 2012, pending in the court of learned Chief Judicial Magistrate, Rajmahal.
This F.I.R. was instituted on the basis of typed report of District Mining Officer, Sahibganj alleging therein that on 02.09.2022, 14 trucks loaded with stone chips were seized.
Petitioner No. 1 namely Pandav Kumar is the owner of two trucks bearing registration No. BR10GA-9543 and BR10GB8751, Petitioner No.4 Babu Saheb Patel is the owner of truck bearing registration No.BR10GB-3243, Petitioner No.6 namely Shambhu Kumar Sharma is the owner of Truck No.BR09GA8414.
As far as petitioner No.2 namely Chotu Singh and petitioner No. 3 namely Sajan Guri @ Sajan Giri are concerned, they are drivers of the truck owned by petitioner No.1 Pandav Kumar. As far as petitioner No.5 namely Kailash Singh is concerned, he is driver of the truck owned by petitioner No.4 Babu Saheb Patel and petitioner No.7 namely Dharmvir Ray is the
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driver of the truck owned by Petitioner No.6 namely Shambhu Kumar Sharma.
Mr. R. S. Mazumdar, learned senior lawyer appearing on behalf of the petitioners submitted that petitioners have no criminal antecedent.
It was submitted that drivers of seized trucks had loaded stones chips at the instruction of their owner.
Learned A.P.P. has opposed the prayer for bail, but does not dispute the aforesaid facts.
Considering the facts and circumstance of the case, petitioner No.2 Chotu Singh, Petitioner No.3 Sajan Guri @ Sajan Giri, petitioner No. 5 Kailash Singh and petitioner No.7 Dharmvir Ray are directed to surrender before the court below within two weeks from the date of receipt of copy of this order, and learned court below on their surrender shall release their on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rajmahal in connection with Ranga P.S. Case No. 85 of 2022. Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
As far as Petitioner No. 1 namely Pandav Kumar, Petitioner No.4 namely Babu Saheb Patel and Petitioner No.6 namely Shambhu Kumar Sharma are concerned, I am not inclined to enlarge these petitioners on Anticipatory Bail. Accordingly, their prayer for bail stands rejected.
These petitioners, if so advised, may surrender before the court below within two weeks from date of receipt of copy of this order before the learned court below, who shall dispose of their bail application on the same day.
(Ambuj Nath, J.)
Jay/-
3 issues framed by the court
Whether anticipatory bail ought to be granted to truck owners accused of illegal mining and transportation offences.
Whether bail ought to be granted to drivers of seized trucks pending surrender and subsequent bail application.
Whether the prayer for anticipatory bail stands rejected and directions for surrender are issued for other petitioners.
Pandav Kumar
Chotu Singh
Sajan Guri
Babu Saheb Patel
Kailash Singh
Shambhu Kumar Sharma
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
