Allowed

Chhotelal Yadav v. the State of Jharkhand

Jharkhand HC15 Apr 2024A.B.A./146/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving theft and IPC offences. The court relied on the lack of disclosed sand quantity, prior bail granted to other vehicle owners, and the petitioner's clean antecedent record.

What did the court decide?

Petitioner directed to surrender within three weeks and released on bail upon furnishing Rs. 25,000 bond with two sureties.

Chhotelal Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 146 of 2024

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----

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Chhotelal Yadav .... Petitioner

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-- Versus -- 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. Lalit Yadav, Advocate For the State :- Mr. Fahad Allam, Advocate ----

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5 /15.04.2024 Heard the learned counsel for the petitioner as well as the learned

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counsel for the State.

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The petitioner is apprehending his arrest in connection with Mohanpur P.S. Case No.203 of 2023, for the offence registered under sections 379/414 of the IPC, Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004, sections 4/21 of Minor Mineral (Development and Regulation) Act, 1957 and section 15 of the Environment Protection Act, 1986, pending in the court of learned Sub Divisional Judicial Magistrate, Deoghar.

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Learned counsel for the petitioner submits that the petitioner is driver of the another tractor which is subject matter of the same FIR. The allegations are made that the sand was loaded. He submits that in seizure list the quantity of sand has not been disclosed and two of the owners of vehicle have been provided privilege of anticipatory bail in A.B.A. No.139 of 2024 and A.B.A. No.138 of 2024. He submits that petitioner has got no criminal antecedent as disclosed in paragraph no.13.

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Learned State counsel opposed the prayer on the ground that there is allegation of unloading the tractor and thereafter the petitioner has fled away.

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Considering that two of the owners of the vehicle have been provided

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1 A.B.A. No. 146 of 2024

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privilege of anticipatory bail as aforesaid and there is no disclosure of quantity of sand in the seizure list and the petitioner has got no criminal antecedent as disclosed in paragraph no.13, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

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Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Deoghar, in connection with Mohanpur P.S. Case No.203 of 2023, 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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SI/

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2 A.B.A. No. 146 of 2024

Chhotelal Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chhotelal Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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