Md. Ayub Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Md. Ayub Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest/surrender within three weeks, on a personal bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, in connection with Dhanwar P.S. Case No. 300/2023, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest for offences punishable under Sections 379/414/34 IPC, Sections 21/22 MMDR Act 1957, rules 4/54 of the Jharkhand Minor Mineral Concession Rules 2004 and rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017 in Dhanwar P.S. Case No. 300/2023, should be enlarged on anticipatory bail under Section 438 Cr.P.C.

Court's answer

After hearing learned counsel for both parties, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within three weeks, the petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, in connection with Dhanwar P.S. Case No. 300/2023, subject to the conditions under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — S. 438 Cr.P.C. — Petitioner apprehending arrest for offences under Ss. 379/414/34 IPC, Ss. 21/22 Mines and Minerals (Development and Regulation) Act, 1957, rules 4/54 Jharkhand Minor Mineral Concession Rules, 2004 and rule 13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 in Dhanwar P.S. Case No. 300/2023 — Counsel pleaded false implication, that petitioner is merely owner-cum-driver of the J.C.B. allegedly used in illegal mining of 'moram', absence of criminal antecedents, and undertaking to co-operate in ongoing investigation — State opposed the prayer — Held, petitioner to be enlarged on anticipatory bail: on arrest/surrender within three weeks, release on bail bond of Rs. 20,000/- with two like sureties, to the satisfaction of learned Judicial Magistrate, 1st Class, Giridih, subject to S. 438(2) Cr.P.C. conditions. (Rajesh Shankar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2892 of 2024

Md. Ayub ... … Petitioner Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioner : Mr. Vijay Kumar Roy, Advocate For the State : Ms. Nehala Sharmin, A.P.P.

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05/19.07.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 379/414/34 of the Indian Penal Code, Sections 21/22 of the Mines and Minerals (Development and Regulation) Act, 1957, rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

2. 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 in the F.I.R. The petitioner is the owner-cum-driver of J.C.B bearing registration No. JH-11Y-4590 which was allegedly found indulged in illegal mining of ‘moram’. In fact, the petitioner is not concerned with the alleged illegal mining of ‘moram’. The petitioner has no criminal antecedent as has been stated in paragraph no. 11 of the present application. He also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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

4. Having heard learned counsel for the parties, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly,

the petitioner above named, in the event of his arrest/surrender 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, 1^st Class, Giridih in connection with Dhanwar P.S. Case No. 300/2023, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish