Niranjan Mandal Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Niranjan Mandal Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: surrender within three weeks; on surrender/arrest, release on bail bonds of Rs. 25,000/- with two sureties of like amount each to the satisfaction of S.D.J.M., Dumka, subject to Section 438(2) CrPC conditions and non-change of the mobile number indicated in the petitioner's Aadhaar.

Issue for consideration

Whether anticipatory bail should be granted to Niranjan Mandal, who is apprehending arrest in connection with Complaint (O.C.R.) Case No. 184 of 2018 (registered under sections 30(C)/41 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989), with cognizance under section 42), pending before the learned S.D.J.M., Dumka.

Court's answer

Granting anticipatory bail, the Court considered that the implicated motorcycle is registered in the petitioner's name, that the petitioner has no criminal antecedent (disclosed in para 20 of the petition), and that his name has come in the confessional statement of a villager; accordingly the petitioner was directed to surrender before the learned trial court within three weeks and, in the event of surrender/arrest, to be released on bail on bonds of Rs. 25,000/- with two sureties of like amount each to the satisfaction of the S.D.J.M., Dumka, subject to Section 438(2) CrPC conditions and retention of the mobile number indicated in his Aadhaar.

Detailed headnote1 paragraphs

A.B.A. No.1327 of 2024 (High Court of Jharkhand, Ranchi; Justice Sanjay Kumar Dwivedi, 08.04.2024): Anticipatory bail GRANTED to Niranjan Mandal, apprehending arrest in Complaint (O.C.R.) Case No. 184 of 2018, registered under sections 30(C)/41 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989) with subsequent cognizance under section 42, pending before S.D.J.M., Dumka. Grounds relied upon: the motorcycle allegedly used is registered in the petitioner's name; petitioner has no criminal antecedent (petition para 20); petitioner's name surfaced in a villager's confessional statement. Release directed on surrender within three weeks, on bonds of Rs. 25,000/- with two like sureties, subject to Section 438(2) CrPC conditions and retention of the Aadhaar-indicated mobile number.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No.1327 of 2024 Niranjan Mandal ...... … Petitioner

Versus

The State of Jharkhand

.…. … Opposite Party

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Ranjit Kumar, Advocate For the State : Mrs. Lily Sahay, A.P.P.

02/ 08.04.2024 : Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint (O.C.R.) Case No. 184 of 2018, registered under sections 30(C)/41 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989), subsequently cognizance has been taken under section 42 of Indian Forest Act, pending in the Court of learned S.D.J.M., Dumka.

Learned counsel for the petitioner submits that allegations are made that on the motorcycle illegal coal was loaded and motorcycle is registered in the name of petitioner. He submits that the petitioner has no criminal antecedent which is disclosed in para 20 of the petition and the name of the petitioner has come on the statement of villagers.

Learned counsel for the State opposes the prayer on the ground that illegally the coal was being carried out on the motorcycle. She submits that the coal was extracted by the accused persons and the motorcycle was parked nearby.

Considering that one of the motorcycle is in the name of the petitioner, the petitioner has no criminal antecedent which is disclosed in para 20 of the petition and the name of the petitioner has come in the confessional statement of villager, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall 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 the learned S.D.J.M., Dumka, in connection with Complaint (O.C.R.) Case No. 184 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change his mobile number which is indicated in his Aadhar.

( Sanjay Kumar Dwivedi, J.)

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