Jogendra Ganjhu Alias Yogendra Kumar Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

Jogendra Ganjhu Alias Yogendra Kumar Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: upon arrest/surrender within three weeks, release on bail bond of Rs.20,000/- each with two sureties of the like amount each, before learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Complaint (F) Case No. 1162/2023, subject to Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 conditions.

Issue for consideration

Whether the petitioners, apprehending arrest for offences punishable under Sections 33(C)/41/42 of the Indian Forest Act, 1927 in connection with Complaint (F) Case No. 1162/2023, are entitled to anticipatory bail. +1 more

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the single-judge bench was inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of their arrest or surrender within three weeks, the petitioners shall be released on bail on furnishing a bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Complaint (F) Case No. 1162/2023, subject to the conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - HIGH COURT OF JHARKHAND AT RANCHI (A.B.A. No. 4526 of 2024; decision line '05/03.09.2024') - Rajesh Shankar, J. Three petitioners apprehending arrest for offences punishable under Sections 33(C)/41/42 of the Indian Forest Act, 1927, arising out of alleged illegal mining and transport of 2.5 tonnes of raw coal found loaded on a tractor inside the Motra notified forest (Complaint (F) Case No. 1162/2023, Judicial Magistrate 1st Class, Hazaribagh), were enlarged on anticipatory bail. Counsel for petitioners submitted they were implicated merely on suspicion and hearsay statements of few villagers, had no criminal antecedent, and undertook to co-operate in the ongoing investigation; learned Spl.P.P. opposed. Granting the prayer, the Court directed that in the event of arrest/surrender within three weeks the petitioners be released on bail bond of Rs.20,000/- each with two sureties of like amount each, subject to the conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4526 of 2024

Jogendra Ganjhu @ Yogendra Kumar

Ranjan Ganjhu @ Pandey Ganjhu

Tinku Bhuiyan @ Tinku Kumar ... … Petitioners Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

----- For the petitioners : Mr. Rajesh Kumar, Advocate For the State : Mr. Prabir Chatterjee, Spl.P.P. -----

05/03.09.2024 The petitioners are apprehending their arrest for the

offences punishable under Sections 33(C)/41/42 of the Indian Forest Act, 1927.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the offence report. As per the allegation, illegal mining of raw coal was being done inside the Motra notified forest. On reaching the place of occurrence, the concerned forest guard along with patrolling team saw a tractor coming there in high speed. On seeing the patrolling party, the driver of the said tractor along with two co-accused persons left the same and fled away. Thereafter, 2.5 tonnes of illegal raw coal said to have been excavated from an illegal raw coal mine within the Motra notified forest, was found loaded on the said tractor. It is further submitted that the petitioners have been implicated in this case merely on suspicion and on the basis of hearsay statements of few villagers. Except the said fact, there is no cogent material to connect the petitioners with the alleged offence. The petitioners have no criminal antecedent as has been stated in paragraph no. 9 of the present application. They undertake to co-operate in the

1 A.B.A. No. 4526 of 2024

ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

3. Learned Spl.P.P opposes the petitioners’ prayer for anticipatory bail.

4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners above named, in the event of their arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Hazaribagh in connection with Complaint (F) Case No. 1162/2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Manish

A.B.A. No. 4526 of 2024