The High Court at Ranchi refused to grant anticipatory bail to Jahir @ Md. Jahir, who had apprehended arrest in connection with an organized crime regarding illegal mining and theft. The court denied the prayer noting the organized manner of the offence.
The application for anticipatory bail is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.343 of 2023
Jahir @ Md. Jahir …… Petitioner
Versus The State of Jharkhand …… Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
----- For the Petitioner : Mr. Manoj Kumar Sah, Advocate For the State : Mr. P.K.Chatterjee, A.P.P -----
03/Dated: 18/05/2023
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Hanwara P.S. Case No.51 of 2022, registered for the offence under Sections 379 & 411 of IPC and Sections 4/54 of Jharkhand Minor Minerals Concessions Rules, 2004 and Sections 9/13 of the Jharkahnd Minerals (Prevention of Illegal Mining Transportation & Storage) Rules, 2017.
Innocence has been claimed and undertaking has been given for participation in the investigation. It has been submitted by learned counsel for the applicant that some of the co-accused has already granted regular bail and some of the co-accused has been granted anticipatory bail. It has been further submitted that as per the allegation, he is the driver of the seized tractor which was being used in the commission of crime. Hence, he may be granted the privilege of anticipatory bail.
Learned A.P.P opposed the prayer for bail and it has been submitted that the crime has been committed in an organized manner.
Considering the manner of commission of crime, I am not inclined to grant the privilege of anticipatory bail to the applicant. Hence, bail application of the applicant stands rejected.
(Rajesh Kumar, J.)
Shahid
2 issues framed by the court
Whether the petitioner is entitled to the privilege of anticipatory bail in the facts and circumstances of the case in view of the organized manner of commission of the crime?
Whether the application for anticipatory bail should be allowed in connection with Hanwara P.S. Case No.51 of 2022?
3 provisions across 3 enactments
Jahir @ Md. Jahir
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
