Kari Nath Ganju Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Kari Nath Ganju Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and, on surrender or arrest, to be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and retention of the mobile number indicated in his Aadhaar.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Ratu P.S. Case No. 374 of 2023 (registered under S. 414 IPC and mining-law provisions) on allegations of carriage of illegally obtained sand, notwithstanding the State's objection that 100 cft sand was being carried illegally.

Court's answer

Anticipatory bail granted to the petitioner, the single judge being inclined to grant it on consideration that the petitioner is driver-cum-owner of the tractor in question and that one of the co-accused had been provided the privilege of anticipatory bail in A.B.A. no. 10736 of 2023.

Ratio / Principle

Terms of release: petitioner directed to surrender before the learned court within three weeks; on surrender or arrest he shall be released on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC and subject to his not changing the mobile number indicated in his Aadhaar.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED — Petition by driver-cum-owner of a tractor alleged to have carried 100 cft of illegally obtained sand; petitioner apprehends arrest in Ratu P.S. Case No. 374 of 2023, registered under sections 414 IPC, sections 4/21 Mines and Minerals (Development and Regulation) Act, 1957, Rule 4/54 Jharkhand Mineral Concession Rule, 2004 and Rule 7/11 Jharkhand Minerals (Prevention of Illegal Mining and Transportation and Storage) Rules, 2017, pending before Judicial Magistrate, Ist Class, Ranchi. Grant justified by the petitioner's status as driver-cum-owner earning his livelihood from the tractor and by parity with a co-accused granted anticipatory bail in A.B.A. no. 10736 of 2023, despite the State opposing on the ground of illegal carriage of sand. Surrender ordered within three weeks; release on bail bonds of Rs. 25,000/- with two like sureties, subject to Section 438(2) CrPC conditions; petitioner barred from changing the mobile number indicated in his Aadhaar.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 148 of 2024

Kari Nath Ganju ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Shashank Shekhar Prasad, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. ------

05/ 15.03.2024 : Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Ratu P.S. Case No. 374 of 2023, registered under sections 414 of the I.P.C and sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 4/54 of Jharkhand Mineral Concession Rule, 2004 and Rule 7/11 of Jharkhand Minerals (Prevention of Illegal Mining and Transportation and Storage) Rules, 2017, pending in the Court of learned Judicial Magistrate, Ist Class, Ranchi.

Learned counsel for the petitioner submits that the petitioner is driver-cum-owner of the tractor in question and allegations are made that 100 cft sand was loaded on the said tractor. He submits that the petitioner earns his livelihood by way of driving the tractor. He submits that one of the co-accused has been provided privilege of anticipatory bail in A.B.A. no. 10736 of 2023.

Learned counsel for the State opposes the prayer for anticipatory bail on the ground that illegally 100 cft sand was being carried out.

Considering that petitioner is driver-cum-owner of the tractor in question and one of the co-accused has been provided privilege of anticipatory bail in A.B.A. no. 10736 of 2023, 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 Judicial Magistrate, Ist Class, Ranchi, in connection with Ratu P.S. Case No. 374 of 2023, 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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