The Single Judge rejected an application for anticipatory bail filed by the petitioner, finding that he was not inclined to grant bail due to the organized manner in which the crime was committed.
The application for privilege of anticipatory bail stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.357 of 2023
Habib Alam …… Petitioner
Versus The State of Jharkhand …… Opposite Party ----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 owner 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
1 issue framed by the court
Whether anticipatory bail should be granted when the offence was committed in an organized manner.
3 provisions across 3 enactments
Habib Alam
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
