The High Court of Jharkhand granted anticipatory bail to petitioners facing charges under Section 414 IPC and various mining rules. The court directed surrender within four weeks and specified surety and cooperation conditions.
Anticipatory bail granted; surrender within four weeks directed; bail bond of Rs.20,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5666 of 2022
Versus
The State of Jharkhand ……Opposite party
With
A.B.A. No. 5457 of 2022
Versus
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.
Order No.04/ Dated:12.01.2023
Heard learned counsel for the parties.
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.
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.
Learned counsel for the petitioners have submitted that petitioners are innocent and have committed no offence at all rather they have been
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.
Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
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, 1st 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.
(Pradeep Kumar Srivastava, J.)
R.K/A.P.K.
2 issues framed by the court
Whether petitioners are entitled to anticipatory bail in connection with alleged illegal mining under Section 414 IPC.
Whether to impose conditions of surrender and appearance before the investigating officer while granting anticipatory bail.
5 provisions across 5 enactments
Md. Amir Hamza @ Amir Hamza
Md. Dilkas Rabbani
Sarvesh Kumar Singh
Sach Kumar Yadav
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
