Vicky Kumar Alias Vikki Alias Vicky Vs the… — Mining and Natural Resources | Jharkhand HC (2024)

Vicky Kumar Alias Vikki Alias Vicky Vs the… — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks; on surrender/arrest to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Latehar, in connection with Balumath P.S. Case No. 23 of 2023, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Balumath P.S. Case No. 23 of 2023 (illegal mining/coal theft offences), is entitled to anticipatory bail.

Ratio / Principle

The Court granted anticipatory bail to the petitioner on the ground of parity, considering that the co-accused persons had already been provided the privilege of anticipatory bail in A.B.A. Nos. 4518 of 2023 and 1328 of 2024.

Key takeaways

The petitioner was directed to surrender before the learned court within three weeks, and in the event of his surrender/arrest, to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Latehar, subject to the conditions under section 438(2) CrPC.ratio¶13

Detailed headnote1 paragraphs

Anticipatory Bail — S. 438 CrPC — Petitioner apprehending arrest in Balumath P.S. Case No. 23 of 2023 for offences under Sections 379 and 414 IPC, Section 30(ii) Coal Mines Act, Section 21 MMDR Act and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) provisions — Name surfaced in confessional statement of apprehended co-accused — Co-accused already granted anticipatory bail in A.B.A. Nos. 4518 of 2023 and 1328 of 2024 — Granting parity, anticipatory bail allowed — Petitioner to surrender within three weeks; to be released on bail bond of Rs.25,000/- with two like sureties to the satisfaction of CJM, Latehar, subject to conditions under section 438(2) CrPC (Sanjay Kumar Dwivedi, J.).

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 17 of 2024

---- Vicky Kumar @ Vikki @ Vicky .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Abhay Kr. Chaturvedy, Advocate For the State :- Mr. Bhola Nath Ojha, Advocate ----

05 /19.04.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

The petitioner is apprehending his arrest in connection with Balumath P.S. Case No. 23 of 2023, for the offence registered under Sections 379 and 414 of the Indian Penal Code, Section 30(ii) of Coal Mines Act, Section 21 of Mines and Minerals (Development and Regulation) Act and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage), pending in the court of learned Chief Judicial Magistrate, Latehar.

Learned counsel appearing for the petitioner submits that the name of the petitioner has come on the confessional statement of the apprehended co-accused and the co-accused persons have provided the privilege of anticipatory bail in A.B.A. Nos.4518 of 2023 and 1328 of 2024.

Learned counsel for the State opposed the prayer on the ground that the name of the petitioner has come on the confessional statement of co-accused who were apprehended on the spot.

Considering that the co-accused persons have been provided the privilege of anticipatory bail in the aforesaid A.B.As, I am inclined to provide privilege of anticipatory bail to the petitioner. 7. Accordingly, the petitioner, above named, is hereby directed

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A.B.A. No. 17 of 2024

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 Chief Judicial Magistrate, Latehar, in connection with Balumath P.S. Case No. 23 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Sangam/

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A.B.A. No. 17 of 2024