Single judge rejected petitioner's application for anticipatory bail in a case involving fair means.unlawful possession of movable property and rules regarding illegal mining, citing criminal antecedents as the ground for rejection.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1686 of 2023
Md. Sarwar Hussain … … Petitioner - Versus -
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : M/s. K. S. Nanda, Advocate For the State : M/s. Pankaj Kumar, A.P.P
05/14.06.2023 Heard the Parties.
Petitioner is apprehending his arrest in connection with Basia P.S. Case No. 98/2022, registered under Sections 379/411 of the Indian Penal Code, Section 21 of the Mines and Minerals (Development & Regulations) Act, 1957, Rules 04/54 of the J.M.M.C. Rules 2004, Sections 07/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and storage) Rules, 2017, pending in the Court of learned A.C.J.M., Gumla.
The petitioner is the owner of a vehicle bearing registration no. JH-01-CJ-7785 which was seized by the informant party loaded with 900 CFT of sand. Criminal antecedent report earlier called for has been received perused the same. It appears that the petitioner is involved in two other cases.
Regard being had to the facts and circumstance of the case and considering the fact that the petitioner has got criminal antecedent; I am not inclined to enlarge the petitioner on Anticipatory Bail. Accordingly, his prayer for anticipatory bail stands rejected.
(Ambuj Nath, J.)
Saurabh
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a criminal case involving sand removal?
Md. Sarwar Hussain
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
