Ankit Kumar Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Ankit Kumar Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, on arrest or surrender before the court below within three weeks, to be released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla, in connection with Basia P.S. Case No. 68 of 2023, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest for offences punishable under Sections 379/411 IPC, Section 21 MMDR Act 1957, rule 4/54 Jharkhand Minor Mineral Concession Rules 2004 and rule 7/13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017 in connection with Basia P.S. Case No. 68 of 2023, should be enlarged on anticipatory bail. +1 more

Court's answer

Operative grant: in the event of his arrest or surrender before the court below within three weeks, the petitioner is to 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 Additional Chief Judicial Magistrate, Gumla, in connection with Basia P.S. Case No. 68 of 2023, subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

Having heard learned counsel for the parties and considering that co-accused Sunil Kumar Nayak had already been granted anticipatory bail by a Bench of this Court, the Judge was inclined to enlarge the petitioner on anticipatory bail.

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No. 3113 of 2024, High Court of Jharkhand at Ranchi, Rajesh Shankar, J., order dated 15.07.2024) to the petitioner, driver of tractor JH07D/3371 with trailer JH07D/3372 allegedly involved in illegal lifting of sand from Koyal river, who apprehended arrest for offences punishable under Sections 379/411 IPC, Section 21 of the Mines and Minerals (Development & Regulation) Act 1957, rule 4/54 of the Jharkhand Minor Mineral Concession Rules 2004 and rule 7/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017 in connection with Basia P.S. Case No. 68 of 2023. Grant rested on parity: co-accused Sunil Kumar Nayak had already been granted anticipatory bail by a Bench of this Court vide order dated 25.01.2024 in A.B.A. No. 10451 of 2023. Petitioner to surrender or be arrested within three weeks; release on bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Gumla, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 3113 of 2024

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The State of Jharkhand …. … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Rajesh Kumar, A.P.P.

Order No. 04 Dated: 15.07.2024

The petitioner apprehending his arrest for the offences punishable under Sections 379/411 of the Indian Penal Code, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, rule 4/54 of the Jharkhand Minor Mineral Concession Rules, 2004 and rule 7/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, has prayed for grant of anticipatory bail.

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 driver of tractor bearing registration no. JH07D/3371 along with trailer bearing registration no. JH07D/3372 which was allegedly involved in illegal lifting of sand from Koyal river. The said allegation is completely concocted as there is no such recovery from the aforesaid trailer. The petitioner has already responded to the notice issued to him under Section 41A of the Cr.P.C. The petitioner has no criminal antecedent as has been stated in paragraph- 12 of the present anticipatory bail application. It is further submitted that coaccused- Sunil Kumar Nayak has already been granted anticipatory bail by a Bench of this Court vide order dated 25.01.2024 passed in A.B.A. No. 10451 of 2023. The petitioner undertakes to cooperate 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 and considering that co-accused-Sunil Kumar Nayak has already been granted anticipatory bail by a Bench of this Court, I am inclined to enlarge the petitioner on anticipatory bail.

5 Accordingly, the petitioner, above named, in the 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 Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No. 68 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Ritesh/

(Rajesh Shankar, J.)