Lalu Yadav Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Lalu Yadav Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner directed to surrender before the Court below within four weeks and, on arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Dhanbad, subject to stated conditions including co-operation with investigation and Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Hariharpur P.S. Case No. 84 of 2023 for alleged illegal transportation of 32 tons of coal without valid papers in truck Reg. No. JH-12J-6514, should be granted the privilege of anticipatory bail.

Court's answer

Anticipatory bail granted: considering the facts, nature of allegation and materials on record, the petitioner is directed to surrender before the Court below within four weeks and, on arrest or surrender, will be enlarged on bail on a bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned JM, 1st Class, Dhanbad, in connection with Hariharpur P.S. Case No. 84 of 2023.

Ratio / Principle

Bail made subject to conditions: petitioner to co-operate with the investigation and appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during pendency, and comply with the conditions laid down under Section 438(2) CrPC.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (A.B.A. No.1434 of 2024; Order No.05 dated 13.05.2024; Pradeep Kumar Srivastava, J.): Petitioner apprehending arrest in Hariharpur P.S. Case No. 84 of 2023 (Sections 379, 414 and 34 IPC; Sections 4 and 21 MMDR Act; Rules 7, 9 and 13 JM(PIMTS) Rules), wherein, per FIR, he as owner of truck Reg. No. JH-12J-6514 was found transporting 32 tons of coal without valid papers, sought anticipatory bail. Counsel pleaded innocence, false implication, that the driver alone was apprehended on the spot, and co-operation under a Section 41A CrPC notice; the State opposed. Granting relief, the Court directed surrender within four weeks and enlargement on bail on a bond of Rs. 25,000/- with two sureties of like amount to learned JM, 1st Class, Dhanbad, conditioned on co-operation with investigation, appearance before the investigating officer as noticed, furnishing mobile number and Aadhar Card copy with undertaking not to change the number, and Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1434 of 2024

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. Bishwambhar Shastri, A.P.P

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Order No.05 Dated- 13.05.2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with Hariharpur P.S. Case No. 84 of 2023 instituted under Sections 379, 414 and 34 of the Indian Penal Code, Section 4 and 21 of MMDR Act, Rules 7, 9 and 13 of JM(PIMTS) Rules, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per FIR, allegation is that petitioner being owner of the truck bearing Reg. No.JH-12J-6514 was found indulged in illegal transportation of 32 tons of coal without any valid papers.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case with ulterior motive. It is further submitted that the driver of the alleged vehicle has been apprehended on the spot rather petitioner has no knowledge about the alleged coal transported on his truck. Petitioner is co-operating with the investigation of the case in compliance of the notice under section 41A of Cr.PC and he further undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the Court below within four weeks from today and

in the event of his arrest or surrendering, 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 JM, 1^st Class, Dhanbad in connection with Hariharpur P.S. Case No. 84 of 2023 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

Pappu/