Partly allowed

Sonu Gupta Alias Dhananjay Kumar v. the State of Jharkhand

Jharkhand HC3 Nov 2023A.B.A./2357/2023

Case brief

AI extract

What is this about?

The Jharkhand High Court rejected the petitioner's application for anticipatory bail regarding allegations of illegal mineral storage. The court held that parity with other co-accused, whose bail was refused, was not applicable. The petitioner was directed to surrender and apply for regular bail.

What did the court decide?

Prayer for anticipatory bail rejected; petitioner directed to surrender and apply for regular bail before the Trial Court.

Sonu Gupta Alias Dhananjay Kumar Vs the State… — Mining and Natural Resources | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2357 of 2023

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Sonu Gupta @ Dhananjay Kumar -versus-

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… Petitioner

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The State of Jharkhand … Opposite Party

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---CORAM : SRI ANANDA SEN, J.

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---For the Petitioner : Mr. Zaid Ahmad, Advocate Mr. Suraj Prakash, Advocate For the State : Mr. Prabir Kumar Chatterjee, A.P.P.

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6/ 03.11.2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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Petitioner apprehends his arrest for allegedly committing offence under Section 414 of the Indian Penal Code, Section 54 of the Jharkhand Minor Mineral Concession Rules, 2004, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 13 of the JM(PIMTS) Act, 2017, in connection with Panki Police Station Case No.123 of 2022, pending in the Court of the learned Chief Judicial Magistrate, Palamau.

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Learned counsel for the petitioner submits that anticipatory bail application of co-accused has already been disposed of vide order dated 01.09.2023 with a direction to surrender before the Trial Court and pray for regular bail.

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This is a case of storage of illegally mined mineral. Petitioner has prayed for grant of anticipatory bail. Allegation against the petitioner is that he has stored the mineral without authority. Case of the petitioner cannot be differentiated with that of other co-accused, whose anticipatory bail application has been disposed of in A.B.A. No.2585 of 2023 and A.B.A. No.4083 of 2023.

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Keeping parity and considering the nature of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner, abovenamed, in connection with Panki Police Station Case No.123 of 2022, pending in the Court of the learned Chief Judicial Magistrate, Palamau, is hereby rejected.

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However, the petitioner is directed to surrender before the Trial Court and pray for grant of regular bail, which the Trial Court will consider, especially, taking into consideration that the case arises out of a complaint.

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(Ananda Sen, J.)

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Kumar/Cp-03

Sonu Gupta Alias Dhananjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sonu Gupta Alias Dhananjay 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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