Shiblal Bauri Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Shiblal Bauri Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Conditional anticipatory bail granted: petitioner directed to surrender within four weeks; upon arrest or surrender, to be enlarged on bail on a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Dhanbad, subject to the conditions under Section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Govindpur P.S. Case No. 59 of 2024 (alleging illegal transportation of 8 tons of coal in his vehicle).

Court's answer

This Court found that the petitioner has clean antecedents, the recovery has already been effected, and nothing was brought to its notice indicating that custodial interrogation was required.

Ratio / Principle

On consideration of the facts and circumstances, the petitioner was directed to surrender within four weeks, failing which, in the event of arrest or surrender, he is to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Dhanbad, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail — Petitioner apprehending arrest in Govindpur P.S. Case No. 59 of 2024 instituted under Section 414 IPC, Section 21 MMDR Act and Rule 54 JMMC Rules, alleging illegal transportation of 8 tons of coal in his vehicle (Mini Hywa, Regn. No. JH0 CU 2571); petitioner had joined the investigation pursuant to a notice under Section 41A Cr.P.C., had clean antecedents, recovery already effected, and no custodial interrogation was indicated. Court directed him to surrender within four weeks and, in the event of arrest or surrender, ordered enlargement on bail on a bail bond of Rs. 25,000/- with two sureties of like amount each, subject to conditions under Section 438(2) CrPC. (Jharkhand HC; Arun Kumar Rai, J.; 14.10.2024)

THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3164 of 2024

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Shiblal Bauri, aged about 39 years, son of Late Bhim Bauri, resident of Village Joradih, P.O. and P.S. – Nirsa, District – Dhanbad

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

------For the Petitioner : Mr. Rohan Mazumdar, Advocate For the Opp. Party : Mr. Abhay Kumar Tiwari, A.P.P. ------

Order No. 04 / Dated 14^th October, 2024

Heard Mr. Rohan Mazumdar, learned counsel appearing on behalf of the petitioner and, Mr. Abhay Kumar Tiwari, learned A.P.P. for the State.

Apprehending his arrest in connection with Govindpur P.S. Case No. 59 of 2024, instituted under Section 414 of the Indian Penal Code, Section 21 of MMDR Act and under Rule 54 of JMMC Rules, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

Learned counsel for the petitioner submitted that petitioner is owner of Mini Hywa bearing Registration No. JH0 CU 2571 and it is alleged that 8 tons of coal was being illegally transported. It has also been pointed out that petitioner has joined the investigation by responding to notice issued under Section 41A Cr.P.C.

Learned A.P.P. for the State opposed the prayer of anticipatory bail.

Heard and perused.

Perusal of records transpires that there is allegation of 8 tons of coal was being illegally transported in the vehicle of the petitioner.

Case record reveals that petitioner is having clean antecedent and recovery has already been effected and nothing has been brought to notice of this Court that custodial interrogation is required in the present case.

Considering the facts and circumstances of the case, the petitioner is directed to surrender in the learned court within four weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dhanbad in connection with Govindpur P.S. Case No. 59 of 2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.)

Umesh/-