This single-bench order granted anticipatory bail to the petitioner facing allegations of illegal mining and cheating for payment of fine
Anticipatory bail granted pending surrender; directed to carry bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9831 of 2022
Prem Chand Dubey …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party
Versus --------
CORAM : THE HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : Mr. S. K. Singh, Advocate For the State : Ms. Nehala Sharmin, A.P.P --------
2/ Dated 12.12.2022
Heard the parties.
The petitioner is apprehending his arrest in connection with Pandwa P.S. Case No.64 of 2022, for the offence under Section 21 of MMDR Act, Rule 54/4 of JMMC Rule, 2004 and Rule 13 (i) of TJMPIMTS Rules, 2017, pending in the court of Sri P. N. Upadhyay, learned JMFC, Palamau.
It is alleged that petitioner was running an illegal brick-kiln in village Golhana under Pandwa Police Station.
It was submitted that Mining Department had imposed a fine of Rs. 2,52,000/- on the petitioner which he had already deposited.
Learned A.P.P has opposed the prayer for bail but does not dispute the aforesaid 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 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 Sri P. N. Upadhyay, learned JMFC, Palamau, in connection with Pandwa P.S. Case No.64 of 2022, on the conditions as laid down under Section 438 (2) Cr.P.C.
BS/ (Ambuj Nath, J.)
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest for illegal mining and cheating offences.
Whether the payment of fine by the petitioner negates the necessity for bail.
1 provisions across 1 enactments
Prem Chand Dubey
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
