Tikaram Mahto Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Tikaram Mahto Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner, if arrested or surrendering before the court below within three weeks, shall be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Ranchi, in connection with Silli P.S. Case No.14 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Silli P.S. Case No.14 of 2024 for offences relating to alleged illegal mining/sand transportation, is entitled to anticipatory bail.

Court's answer

After hearing learned counsel for the parties, the Court was inclined to enlarge the petitioner on anticipatory bail in connection with Silli P.S. Case No.14 of 2024.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioner shall be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Ranchi, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — Jharkhand High Court (single Bench, Rajesh Shankar, J.) allowed A.B.A. No.3288 of 2024 filed by Tikaram Mahto, the registered owner of a tractor in which 80 CFT of allegedly illegally extracted sand was found, apprehending arrest in Silli P.S. Case No.14 of 2024 (Sections 379/414 IPC; Section 4/21, Mines and Minerals (Regulation and Development) Act 1957; Section 54, Jharkhand Minor Minerals Concession Rules 2004; Sections 3/9/13/17, Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017). Counsel contended false implication and lack of knowledge of the driver co-accused carrying sand. Despite opposition by the learned Special P.P., the petitioner was directed to be enlarged on anticipatory bail: upon arrest or surrender within three weeks, release on a bail bond of Rs.20,000/- with two sureties of like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Ranchi, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3288 of 2024

Tikaram Mahto .......... Petitioner.

-Versus-

State of Jharkhand

.......... Opp. Party.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Birendra Kumar, Advocate For the State : Prabir Kr. Chatterjee, A.P.P. ----- Order No.03 Date: 09.07.2024

The petitioner is apprehending his arrest in connection with Silli P.S. Case No.14 of 2024 registered under Section 379, 414 of the Indian Penal Code, Section 4/21 of Mines and Minerals (Regulation and Development) Act, 1957, Section 54 of Jharkhand Minor Minerals Concession Rules, 2004 and Section 3, 9, 13, 17 of 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 offences as alleged in the F.I.R. The petitioner is the registered owner of the tractor in question in which 80 CFT of sand was allegedly found by the Circle Inspector, Silli along with police officials. The petitioner had no knowledge that co-accused Shashi Munda-driver of the said tractor was carrying illegally extracted sand in the said tractor. Under the said circumstance, the petitioner may be given the privilege of anticipatory bail.

Learned Special P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

Having heard learned counsel for the parties, I am inclined to enlarge the petitioner on anticipatory bail. 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) only with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ranchi in connection with Silli P.S. Case No.14 of 2024 subject to the conditions as laid down under Section 438(2) of Cr.P.C

(Rajesh Shankar, J.)

Vikas

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