Allowed

Durga Prasad v. the State of Jharkhand

Jharkhand HC22 Apr 2024A.B.A./1365/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a driver-cum-owner of a tractor allegedly carrying sand without concession. The court granted pre-arrest bail, noting his undertaking to cooperate with investigation, subject to surrender within three weeks and conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted on surrender within three weeks; bail bond of Rs.25,000/- with two like sureties to C.J.M., Garhwa.

Durga Prasad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1365 of 2024

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Durga Prasad … Petitioner

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-Versus-

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ritesh Verma, Advocate For the State : Mr. Satish Prasad, A.P.P.

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02/22.04.2024 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Garhwa P.S. Case No.443/23, registered for the alleged offence under Section 379/411 of the Indian Penal Code read with Rule 4/54 of Jharkhand Minor Mineral Concession Rules, pending in the Court of the learned C.J.M., Garhwa.

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Learned counsel for the petitioner submits that the petitioner is the driver cum owner of the tractor in question and the allegations are made that 100 cft sand was loaded on the said tractor. He submits that the petitioner will co-operate in the investigation.

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Learned counsel for the State opposed the prayer on the ground that even after receiving notice under Section 41-A Cr.P.C., the petitioner has not responded.

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Considering that the petitioner is the driver cum owner of the vehicle in question and he will co-operate in the investigation and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

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-1- A.B.A. No. 1365 of 2024

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Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa in connection with Garhwa P.S. Case No. 443/23, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-2- A.B.A. No. 1365 of 2024

Durga Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Durga Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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