Allowed

Dhiresh Ojha Alias Debu Ojha v. the State of Jharkhand

Jharkhand HC20 Dec 2023A.B.A./7080/2023

Case brief

AI extract

What is this about?

In this oral order, the Single Judge of the Jharkhand High Court allowed the anticipatory bail application filed by Dhiresh Ojha and Birsa Munda facing prosecution for illegal sand storage under the Indian Penal Code and Mining Medicities and Mineral Development Rules.

What did the court decide?

Allowance of anticipatory bail on deposit of Rs.10,000 cash and furnishing of bond with two sureties.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 7080 of 2023

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Dhiresh Ojha @ Debu Ojha

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Birsa Munda … …. Petitioners Versus The State of Jharkhand … …. Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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----For the Petitioners : Mr. Chandrajit Mukherjee, Advocate For the State : Mr. P.K. Chatterjee, S.P.P.

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Oral Order 04 / Dated : 20.12.2023

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Apprehending their arrest, the petitioners named above have moved this Court for grant of anticipatory bail in connection with Baharagora P.S. Case No. 33 of 2023 registered under Sections 379, 411, 34 of the Indian Penal Code, Sections 4, 21 of MMDR Act, 1957, Rule 54 of JMMC Rules and Rules 7, 13 of JMPIMTS Rules, 2007, pending in the court of S.D.J.M., Ghatsila.

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Heard the parties.

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As per the prosecution case disclosed in the FIR, some quantity of sand was found to be illegally stored by the raiding part. Both the petitioners are said to have stocked the sand without having any valid paper.

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It is submitted by learned counsel for the petitioners that there is no legal evidence against the petitioners except the confessional statement of the co-accused. The Spl. P.P. opposed the prayer for bail and submitted that petitioner no. 1 has also criminal antecedent of similar nature.

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Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of their arrest or surrender within a period of three weeks from the date of this order, the petitioners named above shall be released on bail on depositing Rs.10,000/- each as cash security and furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C.

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The petitioners will cooperate in the investigation and will appear on notice under Section 41A of Cr. P.C.

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(Gautam Kumar Choudhary, J . )

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Dhiresh Ojha Alias Debu Ojha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dhiresh Ojha Alias Debu Ojha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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