Pathru Ansari Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Pathru Ansari Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted; petitioner directed to surrender before the learned court within three weeks and, upon surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Borio (J) P.S. Case No. 32 of 2022 (stone chips allegedly kept/stored near the river bank).

Court's answer

Anticipatory bail granted: the court was inclined to grant bail because the co-accused had already been provided the privilege of anticipatory bail by the co-ordinate Bench in A.B.A. Nos. 9936 of 2023 and 5358 of 2023, and the petitioner's name had emerged only on the basis of the confessional statement of other co-accused, in view of the attending facts and circumstances.

Ratio / Principle

Petitioner directed to surrender before the learned court within three weeks; in the event of his surrender/arrest, he shall be released on bail.

Key takeaways

Release on bail conditioned on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶11

Detailed headnote1 paragraphs

Anticipatory Bail Application allowed (High Court of Jharkhand, Ranchi; single bench: Hon'ble Mr. Justice Sanjay Kumar Dwivedi; dated 04.03.2024). Petitioner Pathru Ansari @ Pataru Ansari, apprehending arrest in Borio (J) P.S. Case No. 32 of 2022 pending before learned Chief Judicial Magistrate, Sahibganj, for alleged offences under Sections 379 IPC, Sections 21(A) and 21(b) of the Jharkhand Mines and Minerals (Development & Regulation) Act 1957, Rule 4/54 of the Jharkhand Minor Minerals Concession Rules 2004 and Rules 7/9 of the Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rules 2017, granted anticipatory bail on the ground that (i) other co-accused had already been provided anticipatory bail by the co-ordinate Bench in A.B.A. Nos. 9936 of 2023 and 5358 of 2023, and (ii) the petitioner's name had surfaced only on the basis of the confessional statement of other co-accused. Learned A.P.P. for the State had opposed on the ground that stone chips were being illegally stored. Conditions: surrender before the learned court within three weeks; on surrender/arrest, release on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 10926 of 2023

Pathru Ansari @ Pataru Ansari ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Sabyasanchi, Advocate. For the State : Mr. Rajesh Kumar, A.P.P. ------

05/ 04.03.2024 Heard Mr. Sabyasanchi, learned counsel for the petitioner and Mr. Rajesh Kumar, learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Borio (J) P.S. Case No. 32 of 2022, for the alleged offences under Sections 379 of the Indian Penal Code, Section 21(A), 21 (b) of Jharkhand Mines and Minerals (Development & Regulation) Act 1957 and Rule 4/54 of Jharkhand Minor Minerals Concession Rules 2004 and Rules 7/9 of the Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Chief Judicial Magistrate, Sahibganj.

Learned counsel appearing for the petitioner submits that the allegations are made that some stone chips were kept near the river bank. He submits that the petitioner is nothing to do with the trucks parked therein and the stone chips. He submits that the name of the petitioner has come on the basis of confessional statement of the other co-accused. He further submits that the other co-accused have already been provided the privilege of anticipatory bail in A.B.A. Nos. 9936 of 2023 and 5358 of 2023 by the co-ordinate Bench.

Learned A.P.P. has opposed the prayer on the ground that illegally the stone chips were being stored.

Considering that the other co-accused has been provided the privilege of anticipatory bail in A.B.A. Nos. 9936 of 2023 and 5358 of 2023 by the co-ordinate Bench and further the name of the petitioner has come on the basis of confessional statement of other co-accused only and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of

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Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Borio (J) P.S. Case No. 32 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Amitesh/-