Allowed

Sarvesh Kumar Singh v. the State of Jharkhand

Jharkhand HC12 Jan 2023A.B.A./5457/2022

Case brief

AI extract

What is this about?

The Jharkhand High Court granted anticipatory bail to petitioners apprehending arrest in Lalmatia P.S. Case No. 40 of 2022 for alleged illegal transportation of stone chips under Section 414 IPC and related mineral rules.

What did the court decide?

Anticipatory bail granted; surrender within four weeks; bail bond of Rs.20,000 with two sureties; conditions to cooperate with investigation and appear when noticed.

Sarvesh Kumar Singh 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. 5666 of 2022

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Md. Amir Hamza @ Amir Hamza

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Md. Dilkas Rabbani …… Petitioners

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Versus

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The State of Jharkhand ……Opposite party

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With

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A.B.A. No. 5457 of 2022

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Sarvesh Kumar Singh

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Sach Kumar Yadav …… Petitioners

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Ranjit Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P.

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Order No.04/ Dated:12.01.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Lalmatia P.S. Case No. 40 of 2022 instituted under Sections 414 of the Indian Penal Code, Section 4/54 of the Jharkhand Minor Minerals Concessions Rule, 2004, Section 4 of the M.M.R.D. Act, 1957 and Rules 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioners have moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R, allegation is that truck vehicles were found loaded with stone chips which were being transported without e-challan and other relevant documents.

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Learned counsel for the petitioners have submitted that petitioners are innocent and have committed no offence at all rather they have been

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falsely implicated in these cases. It is further submitted that similarly, situated co-accused, namely, Santosh Kumar in A.B.A. No. 6405 of 2022 vide order dated 25.08.2022 has been granted anticipatory bail by this Court. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.

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Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Godda in connection with Lalmatia P.S. Case No. 40 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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R.K/A.P.K.

Sarvesh Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

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Sarvesh Kumar Singh v. the State of Jharkhand

Case brief

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