Petitioners challenging bail rejection in illegal mining and theft case were granted bail upon furnishing a bond of Rs.25,000 with sureties, noting their lack of antecedents and student status.
Release of petitioners on bail on furnishing bond of Rs. 25,000 each with two sureties of like amount.
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 B.A. No. 1031 of 2023
------
.... .... …. Petitioners
Versus
The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners : Mr. S.N.P. Rai, Advocate For the State : Mr. Prabir Chatterjee, A.P.P.
------
Order No.04 Dated :01.03.2023
Heard both the sides.
The petitioners- Raj Kumar Poddar and Pawan Kumar Poddar @ Pawon Kumar Poddar are in custody since 27.12.2022 in connection with Mirzachouki P.S. Case No. 109 of 2022 for the offence registered under Sections 175, 379, 414 of the I.P.C., Rule 4/54 of Jharkhand Mines and Mineral Rule, 2004, Section 21(A), 21(6), 22 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 07/09 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Sahibganj.
It is submitted by the learned counsel on behalf of petitioners that they are neither owner nor driver of the trucks and tractors which were seized with stone chips. It is submitted that they have no criminal antecedent and they are student and were preparing for job in the army.
Learned A.P.P. opposed the prayer for bail.
Under the circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J . )
Anit
2 issues framed by the court
Whether petitioners should be released on bail in a case involving illegal mining and theft.
Whether furnishing a surety bond is sufficient for granting bail in this matter.
4 provisions across 4 enactments
Raj Kumar Poddar
Pawan Kumar Poddar @ Pawon Kumar Poddar
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
