Munna Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Munna Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned court below within four weeks from receipt of a copy of the order and, on surrender, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 30 of 2024, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Sisai P.S. Case No. 30 of 2024 (offences under Sections 379, 414, 175, 34 IPC, Sections 4/21 MMDR Act 1957, Section 4/54 Jharkhand Minor Minerals Concessions Rule 2004 and Section 7/9 Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule 2017), is entitled to anticipatory bail.

Court's answer

Since other co-accused persons had already been admitted to anticipatory bail and recovery had already been effected, the Court extended the privilege of anticipatory bail to the petitioner.

Ratio / Principle

Petitioner directed to surrender before the learned court below within four weeks, and on surrender to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla, subject to conditions under section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory Bail – Sisai P.S. Case No. 30 of 2024 – offences under Sections 379, 414, 175, 34 IPC, Sections 4/21 Mines Mineral (Development and Regulation) Act 1957, Section 4/54 Jharkhand Minor Minerals Concessions Rule 2004 and Section 7/9 Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule 2017 – allegation of illegal storage of seized sand – co-accused already admitted to anticipatory bail in A.B.A. Nos. 3427 and 3721 of 2024 and recovery already effected – parity and completed recovery held sufficient – anticipatory bail extended; petitioner to surrender within four weeks and be released on bail bonds of Rs. 25,000/- with two like sureties, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2993 of 2024

Munna Oraon aged about 25 years S/o Bhura Oraon R/o Village-Mukunda Jhupnatand P.O. & P.S.-Sisai, District-Gumla (Jharkhand) ..… Petitioner Versus The State of Jharkhand ..... Opposite Party

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

For the Petitioner : MR. Kripa Shankar Nanda, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.PP ---------

05/ 15^th October, 2024

Petitioner is apprehending his arrest in connection with Sisai P.S. Case No. 30 of 2024 for the offences registered under Sections 379, 414, 175, 34 of the Indian Penal Code and under Sections 4/21 of Mines Mineral (Development and Regulation) Act 1957 and under Section 4/54 of Jharkhand Minor Minerals Concessions Rule, 2004 and under Section 7/9 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule, 2017, pending in the court of learned Sub-Divisional Judicial Magistrate, Gumla.

Learned counsel for the petitioner has started his argument by making submission that similarly situated co-accused persons have already been admitted to anticipatory bail in A.B.A. Nos. 3427 of 2024 and 3721 of 2024 vide orders dated 22.07.2024 and 29.07.2024. He further submitted that petitioner is ready to join the investigation and co-operate with the I.O.

The learned Spl.P.P. opposed the prayer of anticipatory bail of the petitioner and pointed out internal page 2 (last two lines) of the impugned order dated 10.04.2024 and submitted that petitioner as well as co-accused Jitiya Oraon have admitted that said land was recorded in the name of their grandfathers, namely, late Ropna Oraon and Kade Oraon.

Heard the parties and perused the records.

Perusal of the record transpires that huge quantity of sand collected at the place of occurrence and same was seized and it is alleged that this petitioner alongwith other co-accused persons stored the said sand illegally.

Considering the fact that other co-accused persons have already been admitted to anticipatory bail and recovery has already been effected, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner,

above named, is directed to surrender before the learned Court below within four weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No. 30 of 2024, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.)

R.K./Rajnish