Om Prakash Sahu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Om Prakash Sahu 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 learned Sub Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No. 33 of 2024, subject to conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in Sisai P.S. Case No. 33 of 2024 for offences including alleged illegal storage/trade of 30,000 cft of sand without proper documents, should be granted anticipatory bail. +1 more

Court's answer

This Court is inclined to extend the privilege of anticipatory bail to the petitioner.

Ratio / Principle

Petitioner directed 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, subject to conditions laid down under section 438(2) of the Code of Criminal Procedure, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No. 33 of 2024.

Key takeaways

Perusal of record/case diary: 30,000 cft of sand recovered from land belonging to co-accused Ram Niwas Sahu; one truck seized from the place of occurrence does not belong to this petitioner; recovery has already been effected.ratio¶11
Nothing has been pointed out to this Court as to why custodial interrogation of the petitioner is required; hence no impediment to granting pre-arrest bail.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail granted. Om Prakash Sahu, apprehending arrest in Sisai P.S. Case No. 33 of 2024 (Ss. 379, 414, 175, 34 IPC; Ss. 4/21 Mines Mineral (Development and Regulation) Act, 1957; S. 4/54 Jharkhand Minor Minerals Concession Rule, 2004; Ss. 7/9 Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule, 2017), pending before the learned Sub Divisional Judicial Magistrate, Gumla, sought pre-arrest bail. Counsel submitted that 30,000 cft of sand was stored without proper documents jointly with co-accused Ram Niwas Sahu, that the recovery was made from land belonging to the co-accused, that the petitioner was dragged in on account of enmity with local residents, and that he had clean antecedents; the learned Spl.PP opposed on the premise that a huge quantity of sand had been recovered. On perusal of record and case diary, the Court found the recovery already effected from the co-accused's land (the co-accused's own A.B.A. No. 3011 of 2024 having been withdrawn vide order 31.08.2024 as he had expired), that a truck seized at the spot did not belong to the petitioner, and that nothing had been pointed out as to why custodial interrogation was required. Accordingly, the privilege of anticipatory bail was extended: the petitioner was directed to surrender within four weeks and to be released on bail bonds of Rs. 25,000 with two sureties of the like amount each, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2996 of 2024

Om Prakash Sahu aged about 31 years S/O Santosh Sahu R/O VillageNagfeni P.O. Nagfeni 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 ---------

06/ 15^th October, 2024

Petitioner is apprehending his arrest in connection with Sisai P.S. Case No. 33 of 2024 for the offences registered under Sections 379, 414, 175, 34 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 Concession 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 submitted that it is alleged that this petitioner alongwith Co-accused Ram Niwas Sahu stored 30000 cft. of sand without any proper document and they used to trade in the same. It has been pointed out that the alleged recovery of above said 30000 cft. of sand has been made from the place which belong to Co-accused, Ram Niwas Sahu and only on the basis of persons of the vicinity of the area with whom petitioner is having enmity, the name of this petitioner has been dragged. He further pointed out that petitioner is having clean antecedent.

The learned SplPP opposed the prayer of anticipatory bail of the petitioner on the premise that huge quantity of sand has been recovered.

Perusal of record transpires that 30000 cft. of sand alleged recovered from the land which belongs to Co-accused, Ram Niwas Sahu. It appears that Coaccused, Ram Niwas Sahu had filed anticipatory bail application being A.B.A. No.3011 of 2024 and vide order 31.08.2024 same has been withdrawn on account of submission on behalf of the Co-accused that he has expired. Case diary reveals that one truck has also been seized from the place of occurrence but same does not belong to this petitioner. Recovery has already been effected

and nothing has been pointed out to this Court that why custodial interrogation is required.

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. 33 of 2024 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.)

Rajnish