This anticipatory bail application was allowed to the petitioner apprehending arrest in a case regarding unauthorized sand seizure. He was to deposit security and appear under Section 41-A Cr.P.C.
Release on bail upon arrest or surrender within three weeks subject to security deposit and conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 2574 of 2023
Bhuwaneshwar Mahatha. .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s) ...........
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
......... For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. P.D. Agrawal, APP
05/ 16.06.2023 . Apprehending his arrest, petitioner above-named has moved this Court for grant of anticipatory bail in connection with Chandankiyari P.S. Case No.98 of 2022 registered under Sections 414, 379 of the Indian Penal Code and under Section 21 of Mines and Minerals Act, 1957 and Rule 54 of JMMC Rules, 2004 and Rule 13 of J. M. (P.I.M.T and S) Rules, 2017.
Heard the parties.
It is submitted by learned counsel for the petitioner that petitioner is the owner of the tractor from which allegedly 100 CFT of sand has been seized without any valid paper.
It is submitted that the vehicle was under the control of the driver, but the petitioner has been falsely implicated in the case only on the basis of mere suspicion and he does not have criminal antecedent.
Learned APP for the State has vehemently opposed the prayer.
Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of three weeks from the date of receipt of a copy of this order before the learned court below, the petitioner named above shall be released on bail on Cash Security Deposit of Rs.5,000/- and on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under Section 438(2) Cr. P.C.
The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. as and when his presence is required.
Sandeep/uploaded.
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner to prevent arrest in the pending criminal case.
2 provisions across 1 enactments
Bhuwaneshwar Mahatha
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
