Karu Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Karu Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to surrender before the concerned Court below within three weeks and, on surrender, to be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Koderma in connection with Chandwara P.S. Case No. 114/2023, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with the case registered under Section 379 IPC and the cited Jharkhand mining rules (Chandwara P.S. Case No. 114/2023), should be granted anticipatory bail.

Court's answer

Keeping in view that the rest of the co-accused persons (Lakhan Yadav and Natho Yadav) had already been granted anticipatory bail by different Benches of this Court, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

Petitioner directed to surrender before the concerned Court below within three weeks and, upon such surrender, to be released on bail on furnishing a bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Koderma, in connection with Chandwara P.S. Case No. 114/2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED. Petitioner, apprehending arrest in a case registered under Section 379 IPC, Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 and Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004 (Chandwara P.S. Case No. 114/2023), enlarged on anticipatory bail, the Court being inclined to grant relief in view of anticipatory bail already accorded to co-accused Lakhan Yadav and Natho Yadav by different Benches of this Court. Petitioner to surrender before the Court below within three weeks and furnish bail-bond of Rs.20,000/- with two like sureties, subject to conditions under Section 438(2) Cr.P.C. (Justice Rajesh Shankar).

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 3298 of 2024

Karu Yadav, S/o Guli Yadav, R/o Village-Purnadih, P.O+P.S-Chandwara, DistrictKoderma ….. Petitioner

Versus The State of Jharkhand ….. Opposite Party ----- CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner: Mr. Rakesh Kr. Gupta For the State: Mr. S. K. Dubey, A.P.P

05/11.09.2024 The petitioner apprehending his arrest in connection with the case registered under Section 379 IPC, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. He was neither operating any crusher plant nor was making any illegal business of stone chips. He has no concern with the seized illegal stone chips and boulders. The petitioner also undertakes that he will not claim the seized articles in future. Though the petitioner has criminal antecedent, however, so far as the present one is concerned, he has been implicated without any cogent evidence. The rest of the co-accused persons, namely, Lakhan Yadav and Natho Yadav have already been granted anticipatory bail by different Benches of this Court vide orders dated 06.09.2024 & 16.05.2024 passed in A.B.A Nos. 3235/2024 & 2578/2024 respectively. The petitioner also undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

Having heard learned counsel for the parties and keeping in view that the

rest of the co-accused persons, namely, Lakhan Yadav and Natho Yadav have

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A. B. A. No. 3298 of 2024

already been granted anticipatory bail, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the above named petitioner is directed to surrender before the concerned Court below within a period of three weeks. If he surrenders before the Court below within the aforesaid period, he shall be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1^st Class, Koderma in connection with Chandwara P.S. Case No. 114/2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Satish/-

(RAJESH SHANKAR, J)

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