The High Court of Jharkhand granted anticipatory bail to the petitioners in a matter concerning illegal transportation of sand, directing surrender within six weeks and setting security conditions.
Grant of anticipatory bail subject to surrender within six weeks, deposit of cash security, and furnishing of bail bond with conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.773 of 2023
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The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioners : Mr. Lakhan C. Roy, Advocate For the State : Ms. Lily Sahay, Addl.P.P
Order No.04 Dated- 06/09/2023
Heard the parties.
Apprehending their arrest in connection with Deoghar (T) P.S. Case No.542 of 2022 instituted under Sections 414, 34 of the Indian Penal Code, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Section 21 of the MMDR Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are respectively the owner and driver of a tractor bearing registration No. JH 15W 0592 which was seized by police while being involved in illegal transportation of sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-14 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/-
each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Deoghar in connection with Deoghar (T) P.S. Case No.542 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 further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether anticipatory bail shall be granted to the petitioners in the Deoghar (T) P.S. Case No.542 of 2022.
1 provisions across 1 enactments
Sanjay Kumar Yadav @ Sanjay Kumar
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
