The High Court of Jharkhand granted anticipatory bail to the petitioner in a case concerning illegal sand recovery. The petitioner must surrender within two weeks and provide a bail bond of Rs. 25,000 with two sureties.
Anticipatory bail granted; surrender within two weeks; bail bond of Rs. 25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9878 of 2022
Sukhdeo Sahu … … Petitioner
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For Petitioner : M/s. K. S. Nanda, Advocate For the State : M/s. Snehlika Bhagat, A.P.P
04/12.12.2022 Heard the Parties.
Petitioner is apprehending his arrest in connection with Sisai P.S. Case No. 105/2022, registered under Sections 379/411/34 of the Indian Penal Code, Rule 54 of Jharkhand Minor Minerals Concession Rules 2004, Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017, pending in the Court of Sri Pranav. Kumar, learned Judicial Magistrate, Gumla.
Petitioner appears to be owner of a tractor bearing registration number JH07J 2228 from which 100 CFT of illegal sand was recovered.
It was submitted that the driver of the said vehicle, without consent and knowledge of the petitioner had loaded the seized sand.
Learned A.P.P. has opposed the prayer for bail but does not dispute the aforesaid fact.
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)
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with two sureties of the like amount each to the satisfaction of Sri Pranav. Kumar, learned Judicial Magistrate, Gumla or his successor in connection with Sisai P.S. Case No. 105/2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Rohit
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the pending criminal case regarding illegal sand recovery.
Whether the condition of surrender within two weeks and furnishing bail bond is applicable in this case.
1 provisions across 1 enactments
Sukhdeo Sahu
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
