Allowed

Bhaskar Pandey v. the State of Jharkhand

Jharkhand HC10 Jul 2024A.B.A./2739/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed an application for anticipatory bail in a criminal case alleging illegal mining under Sections 414 IPC, 21 of MMDR Act, and rules thereunder, subject to conditions regarding stay of arrest and appearance within three weeks.

What did the court decide?

Enlargement on anticipatory bail subject to a bond of Rs. 20,000 with two sureties and appearance within three weeks of arrest or surrender.

Bhaskar Pandey Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No.2739 of 2024

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Bhaskar Pandey .......... Petitioner.

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-Versus-

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The State of Jharkhand .......... Opp. Party.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. A. K. Chaturvedi, Advocate For the State : Mrs. Ruby Pandey, APP

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Order No.05 Date: 10.07.2024

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The petitioner is apprehending his arrest in a case registered under Section 414 of the Indian Penal Code, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957; Section 54 of the Jharkhand Minor Mineral Concession Rules, 2004; and Sections 9(i) & 13(i) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner is the driver of the tractor, which was allegedly loaded with 100 CFT sand and was apprehended by the Circle Officer, Nawa Bazar, Palamau. One Suhaib Ansari is the owner of the said tractor. The petitioner has no criminal antecedent, as has been stated in paragraph no.12 of the present bail application. He also undertakes to co-operate in investigation of the case. Hence, he may be given the privilege of anticipatory bail.

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Learned A.P.P. opposes the petitioner’s prayer for anticipatory bail.

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Having heard learned counsel for the parties, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount, each, to the satisfaction of learned Judicial Magistrate, First Class, Palamau, in connection with Nawa Bazar P.S. Case no.5 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

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(Rajesh Shankar, J.)

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Sanjay/

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-2-

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A. B. A. No.2739 of 2024

Bhaskar Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhaskar Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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