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Gomia Kachhap v. the State of Jharkhand

Jharkhand HC10 Apr 2023A.B.A./309/2023

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What is this about?

Justice Ambuj Nath extended anticipatory bail to two petitioners apprehending arrest in a mining-related case involving seized trucks loaded with sand, directing surrender within two weeks and fixing bail bonds with sureties.

What did the court decide?

Extension of anticipatory bail granted; petitioners directed to surrender within two weeks and furnish bail bonds of Rs. 25,000 each with two sureties of the like amount.

Gomia Kachhap Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 309 of 2023

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Gomia Kachhap

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Santosh Kumar Singh … … Petitioners

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Versus - The State of Jharkhand ... … Opposite Party ------

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioners : M/s. M. K. Dash, Advocate For the State : M/s. P. K. Chatterjee, Spl.P.P

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04/10.04.2023 Heard the Parties.

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Petitioners are apprehending their arrest in connection with Potka P. S. Case No. 49 of 2022, registered under Sections 379/ 411 of the Indian Penal Code, Sections 04/ 21 of the M.M.D.R. Act, Rule 54 of J.M.M.C. Rules, 2004, Rules 07/ 09/ 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and storage) Rules, 2017, pending in the Court of Ms. Kanchan Kumari, leaned J.M.F.C., Jamshedpur.

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Petitioner no.1, Gomia Kachhap is owner of Tata 407 truck bearing registration number JH-05-AX-9054, whereas the petitioner no.2 Santosh Kumar Singh is the owner of a truck bearing registration number JH-05-CP-1249, which were seized by Potka police on 06.08.2022, loaded with sand.

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It was submitted that the drivers of the vehicles without the knowledge and consent of the petitioners were transporting the seized sand. It was further submitted that the petitioners have got no criminal antecedent and this fact has been mentioned at paragraph-14 of the anticipatory bail application.

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Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to them. They are directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on their surrender shall release them on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five Thousand only)

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each with two sureties of the like amount each to the satisfaction of Ms. Kanchan Kumari, leaned J.M.F.C., Jamshedpur or her successor in connection with Potka P. S. Case No. 49 of 2022, Subject to the conditions as laid down under Section 438 (2) Cr.P.C.

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(Ambuj Nath, J.)

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Saurabh

Gomia Kachhap v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gomia Kachhap v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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