The High Court of Jharkhand granted anticipatory bail to petitioners facing charges under mining and illegal possession sections, directing them to surrender within two weeks.
Extends privilege of anticipatory bail; directs surrender within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 974 of 2023
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioners: M/s. M. K. Dash, Advocate For the State : M/s. P. K. Chatterjee, Spl.P.P
04/10.04.2023 Heard the Parties.
Petitioners are apprehending their arrest in connection with Shyamsundarpur P.S. Case No. 33 of 2022, registered under Sections 379/411 of the Indian Penal Code, Sections 4/21 of MMDR Act, Rule 54 of JMMC Rules, 2004 and Rules 07/09/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of leaned S.D.J.M., Ghatshila.
On 16.10.2022 at about 11:30 PM, Circle Officer, Chakulia, on the basis of confidential information, raided a public place near Dakoui and seized about 20,000 CFT of sand. It is further alleged that 18 Hywas were parked at some distance from the place of seizure of sand. Petitioners are the driver of two Hywas bearing registration Nos. JH-05CC-8840 and JH09M-7320.
It was submitted that apart from suspicion, there is no material against the petitioners on record. It was finally submitted that similarly situated co-accused persons have been granted anticipatory bail by this court and also by the Coordinate Bench of this Court in A.B.A No. 11170 of 2022 and in A.BA No. 10518 of 2022. The case of the petitioners stands on a similar footing.
Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to them. They are directed to surrender before the court below within
two weeks from the date of receipt of copy of this order and learned court below on their surrender shall release them on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five Thousand only) each with two sureties of the like amount each to the satisfaction of leaned S.D.J.M., Ghatshila in connection with Shyamsundarpur P.S. Case No. 33 of 2022, Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Saurabh
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in connection with mining offences.
6 provisions across 5 enactments
Santosh Machhua
Shiv Shankar Rajak @ Shiba Rajak
The State
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
