Munna Khan Vs The State Of Jharkhand

Apprehending his arrest in connection with Nirsa P.S. Case No. 302 of 2015 corresponding to G.R. No. 4918 of 2015 instituted under Sections 414 and 34 of the Indian Penal Code and Section 30(ii) of Bihar Coal Mines Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per FIR, allegation is that petitioner being management staff of the factory of Ramesh Das Enterprises Limited was involved in illegal hoarding of coal for the purpose of manufacturing PORA.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case with ulterior motive. It is further submitted that 80 tons of coal was recovered from the factory premise of Ramesh Ravi Das and the seized coal was already released in favour of the said Ramesh Ravi Das after producing valid and genuine papers and has also faced trial and was acquitted in this case. The present petitioner has challenged his accusation by filing Cr.M.P. No.1999 of 2015, wherein he was protected from arrest but charge-sheet was submitted against him, thereafter the petition was withdrawn on 01.12.2023. Thereafter, the present petitioner filed the present application for anticipatory bail. Petitioner has no criminal antecedents and involvement of petitioner has neither been shown in collection or storage of coal nor was it seized in this case and there is no concern of the petitioner with the alleged offence. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the Court below within four weeks from today and in the event of his arrest or surrendering, 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 JM, 1^st Class, Dhanbad in connection with Nirsa P.S. Case No. 302 of 2015 corresponding to G.R. No. 4918 of 2015 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

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Pappu/

Munna Khan v. The State Of Jharkhand