The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving illegal mining and operation of a crusher. The court directed surrender within two weeks upon receipt of the order.
Anticipatory Bail granted; directed to surrender within two weeks; to furnish bail bond 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. 9220 of 2022
Shekhavat Mian @ Shekhawat Miyan @ Sekhawat Mian
… … Petitioner
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For Petitioner : M/s. S. K. Singh, Advocate For the State : M/s. A. K. Tiwari, A.P.P ---
02/01.12.2022 Heard the Parties.
Petitioner is apprehending his arrest in connection with Dhanwar P.S. Case No. 153/2022, registered under Sections 379/ 414/ 34 of the Indian Penal Code, Section 13 of Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, pending in the Court of Sri Hemant Kumar Singh, learned J.M.F.C., Giridih.
The F.I.R. was instituted on the basis of typed report of Mining Inspector Giridih, alleging therein that on 09.06.2022 at about 02:30 A.M., he received confidential information that several persons were running illegal crushers, within his area. Petitioner is alleged to be one of the person who was running illegal crusher as per the first information report.
It was submitted that the petitioner has got valid documents to operate the crusher. Documents issued by Jharkhand state pollution control board has been annexed with this application showing that the petitioner has got permission for operating of stone chips from plot number 49 Khata No. 04, area 0.48 acres of village Ekterwa. It was further submitted that the aforesaid plot of land belongs to the petitioner. Attention has been drawn towards paragraph 9 of the bail application in which this fact has been mentioned.
Learned A.P.P. has opposed the prayer for bail of the
petitioner but has not disputed the aforesaid facts
Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to the petitioner. He is 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 his surrender shall release him on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of Sri Hemant Kumar Singh, learned J.M.F.C., Giridih or his successor in connection with Dhanwar P.S. Case No. 153/2022, Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Saurabh
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the illegal mining case.
Whether the petitioner's possession of valid documents and permission to operate the crusher warrants the grant of bail.
5 provisions across 3 enactments
Shekhavat Mian @ Shekhawat Miyan @ Sekhawat Mian
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
