Vinay Prakash Topno Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Vinay Prakash Topno Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest/surrender within three weeks, to be released on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Lohardaga, in connection with Jobang P.S. Case No. 13/2023, corresponding to G.R. No. 21/2024, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether petitioner Vinay Prakash Topno, apprehending arrest for offences punishable under Section 379 of the Indian Penal Code, Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and rules 4/54 of the Jharkhand Minor Mineral Concession Rules, 2004 (Jobang P.S. Case No. 13/2023), should be enlarged on anticipatory bail. +1 more

Court's answer

Having heard learned counsel for both parties, this Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

The petitioner, in the event of his arrest/surrender within three weeks from the date of judgment, shall 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 learned Judicial Magistrate, 1st Class, Lohardaga, in connection with Jobang P.S. Case No. 13/2023, corresponding to G.R. No. 21/2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Offences: S. 379 IPC; Ss. 4/21, Mines and Minerals (Development and Regulation) Act, 1957; Rules 4/54, Jharkhand Minor Mineral Concession Rules, 2004 (Jobang P.S. Case No. 13/2023; G.R. No. 21/2024). Counsel alleged false implication; recovery of 70 cft. of illegal sand from petitioner's tractor (Engine No. E3472428; Chassis No. T053420306JG); petitioner appeared before Investigating Officer on 11.09.2023 pursuant to S. 41-A Cr.P.C. notice; charge-sheet No. 21/23 dated 25.10.2023 submitted; petitioner stated to have no criminal antecedent; no process under Ss. 82/83 Cr.P.C. issued (O/C Jobang Police Station letter no. 459 dated 16.07.2024), though A.P.P. opposed the bail prayer. Held (Rajesh Shankar, J.: single-judge bench): petitioner, on arrest/surrender within three weeks, to be released on bail bond of Rs. 20,000/- with two like sureties to the satisfaction of Judicial Magistrate, 1st Class, Lohardaga, subject to S. 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3454 of 2024

Vinay Prakash Topno ... … Petitioner Versus The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioner : Mr. Atanu Banerjee, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P.

03/18.07.2024 The petitioner is apprehending his arrest for the offences punishable under Section 379 of the Indian Penal Code, Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004.

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 owner of the tractor bearing Engine No. E3472428 and Chassis No. T053420306JG from which there is alleged recovery of 70 cft. of illegal sand. It is further submitted that in response to the notice issued under Section 41-A of Cr.P.C, the petitioner appeared before the concerned Investigating Officer on 11.09.2023. Subsequently, charge-sheet No. 21/23 dated 25.10.2023 has been submitted in which appearance of the petitioner pursuant to the notice issued under Section 41-A of Cr.P.C has also been mentioned. The petitioner has no criminal antecedent as has been stated in paragraph no. 13 of the present application. Hence, he may be given the privilege of anticipatory bail.

3. The present anticipatory bail application was earlier taken up on 09.07.2024 and on the said date, learned A.P.P. was

directed to seek instruction as to whether process under Section 82/83 of Cr.P.C. has been issued against the petitioner.

4. Learned A.P.P while referring to letter no. 459 dated 16.07.2024 issued to him by the Officer-in-Charge, Jobang Police Station, Lohardaga submits that no process under Section 82/83 of Cr.P.C has been issued against the petitioner. He, however, opposes the petitioner’s prayer for grant of anticipatory bail.

5. Having heard learned counsel for the parties, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner above named, in the event of his arrest/surrender 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 Judicial Magistrate, 1^st Class, Lohardaga in connection with Jobang P.S. Case No. 13/2023, corresponding to G.R. No. 21/2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish