Mithilesh Kumar v. the State of Jharkhand

Jharkhand HC8 May 2024A.B.A./2025/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; A.B.A.; Section 414 IPC; illegal stone chips transportation; truck owner falsely implicated plea; Jharkhand Minor & Mineral Concession Rules 2004 Rule 4/54; Jharkhand Mineral Transit Challan Regulation Rule 3; Section 438(2) CrPC conditions; parity with co-accused bail orders; Shikaripara P.S. Case No. 31 of 2018; G.R. No. 500 of 2018; Dumka; Judicial Magistrate 1st Class; bail bond Rs.25,000/- with two like sureties; surrender within four weeks.

What did the court decide?

Anticipatory bail granted: petitioner to surrender within four weeks and, on arrest or surrender, be enlarged on bail bond of Rs.25,000/- with two sureties of like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Dumka, subject to co-operation/investigation conditions and Section 438(2) CrPC conditions. ¶¶11

Mithilesh Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail may be granted to petitioner Mithilesh Kumar apprehending arrest in Shikaripara P.S. Case No. 31 of 2018 (G.R. No. 500 of 2018), instituted under Section 414 IPC and Jharkhand mineral concession/transit challan rules, on the FIR allegation that his truck transported illegally extracted stone chips. +1 more

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Court's answer

Grant of anticipatory bail premised on the facts and circumstances of the case, the nature of allegation, materials on record, and parity with co-accused already granted anticipatory bail by the Co-ordinate Bench.

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Ratio / Principle

This Single Judge was inclined to grant the privilege of anticipatory bail to the petitioner.

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Key takeaways

Petitioner directed to surrender in Court within four weeks; in the event of his arrest or surrender, he is to be enlarged on bail.ratio¶¶11
Enlargement on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Dumka, in connection with the said case.ratio¶¶11
Bail conditioned on co-operation with the investigation, appearance before the investigating officer as and when noticed, and furnishing mobile number and photocopy of Aadhaar Card with an undertaking not to change the mobile number during pendency of the case.

Detailed headnote1 paragraphs

Anticipatory Bail — Granted. High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.), Order dated 08.05.2024 in A.B.A. No. 2025 of 2024: petitioner Mithilesh Kumar, apprehending arrest in Shikaripara P.S. Case No. 31 of 2018 corresponding to G.R. No. 500 of 2018, instituted under Section 414 IPC, Rule 4/54 of the Jharkhand Minor & Mineral Concession Rules, 2004 and Rule 3 of the Jharkhand Mineral Transit Challan Regulation Rule, on the FIR allegation that his truck transported illegally extracted stone chips. Weighing the nature of allegation, materials on record and parity with co-accused already granted anticipatory bail by Co-ordinate Bench orders (ABA Nos. 7209/2020, 6957/2021, 9603/2021), the Court granted anticipatory bail: surrender within four weeks; enlargement on bail bond of Rs.25,000/- with two sureties of like amount each before the Judicial Magistrate, 1st Class, Dumka; conditions include co-operation with investigation, appearance before the IO as noticed, mobile-number/Aadhaar undertaking, and Section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2025 of 2024

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Mithilesh Kumar The State of Jharkhand	….. Versus ….. ---------	Petitioner Opp. Party
CORAM: HON'BLE MR.	JUSTICE PRADEEP KUMAR --------	SRIVASTAVA
For the Petitioner For the State	: Mr. Lakhan Chandra Roy, A : Mrs. Vandana Bharti, A.P.P. ---------	dvocate.

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Order No. 04/Dated: 08^th May, 2024

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Shikaripara P.S. Case No. 31 of 2018 corresponding to G.R. No. 500 of 2018, instituted under Section 414 of the Indian Penal Code, Rule 4/54 of Jharkhand Minor & Mineral Concession Rules, 2004 and Rule 3 of Jharkhand Mineral Transit Challan Regulation Rule, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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As per FIR, the allegation is that the truck of the petitioner is involved in transportation of illegally extracted stone chips.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that the petitioner is the owner of the truck bearing registration no. BR-11GA-6996 and the business of said truck looked by the driver. It is further submitted that the petitioner undertakes to cooperate with the investigation of the case and co-accused with similar allegations have already been granted privilege of anticipatory bail by Co-ordinate Bench of this Court vide order dated 01.02.2021 passed in ABA No. 7209 of 2020, vide order dated 20.09.2021 passed in ABA No. 6957 of 2021 and vide order dated 24.01.2022 passed in ABA No. 9603 of 2021, hence, petitioner may be granted privilege of anticipatory bail.

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On the other hand, learned Addl.P.P. appearing for the State has opposed the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record and also in view of the fact that co-accused has been granted anticipatory bail by the Coordinate Bench of this Court, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court 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 Judicial Magistrate, 1^st Class, Dumka in connection with Shikaripara P.S. Case No. 31 of 2018 corresponding to G.R. No. 500 of 2018 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.

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(Pradeep Kumar Srivastava, J.)

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Sunil/

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Mithilesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mithilesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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