Allowed

Sanjay Kumar v. the State of Jharkhand

Jharkhand HC14 Mar 2023A.B.A./1462/2023

Case brief

AI extract

What is this about?

In a second motion for anticipatory bail in a cheating case regarding unregistered transport sand, the Court granted protection subject to surrender, bail bond, and cooperation with investigation under Section 438(2) CrPC.

What did the court decide?

Petitioner granted anticipatory bail directed to surrender within four weeks, liable to produce on bail bond of Rs.20,000 with two sureties subject to conditions under Section 438(2) CrPC.

Sanjay Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1462 of 2023

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Abhishek Kumar, Advocate For the State : Mrs. Ruby Pandey, Addl.P.P

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Order No. 02 Dated- 14.03.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Jasidih P.S. Case No. 0397 of 2020 instituted under Sections 413/414/420/34 of the Indian Penal Code, Section 54 of the Jharkhand Mines Mineral Concession Rules and Section 21 of the Mines Mineral (Development and Regulation) Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., that on 17.08.2020, the informant seized the truck bearing registration No.NL01AD-1588 loaded with sand was seized by the police, but the driver of the said truck could not produce any Mining Transport Challan while demanding by the police personnel. Further, on verification from JIMMS Portal, it was found for the permit of transportation of 700 CFT sand in favour of the alleged truck was issued by the petitioner.

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Learned counsel for the petitioner has submitted that petitioner is a Government registered Mineral dealer and can issue a challan to such vehicle which is registered on JIMMS Portal website which meant that the document of vehicle was verified. It is also submitted that petitioner issued challan and loaded the sand on truck bearing registration No.NL01AD-1588 which is registered in JIMMS portal.

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Learned counsel for the petitioner has submitted that coaccused, namely, Sunil Yadav and Rajendra Tiwary, who were

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the owner and driver have been granted bail on 01.02.2021 vide A.B.A. No.7236 of 2020 passed by co-ordinate Bench of this Court. It is also submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is lastly submitted that petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions, which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Jasidih P.S. Case No. 0397 of 2020 with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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R.S./-

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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