Ranjan Kumar Verma Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Ranjan Kumar Verma Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S. Case No. 73 of 2024, in the event of arrest or surrender within three weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest for offences punishable under Sections 414/420/467/468/471/120-B of the Indian Penal Code, Sections 4/21 of the Mines & Minerals (Development and Regulation) Act, 1957 and rules 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, should be granted anticipatory bail in connection with Ramgarh P.S. Case No. 73 of 2024.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioner shall be released on anticipatory bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S. Case No. 73 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Ranjan Kumar Verma v. The State of Jharkhand, A.B.A. No. 4607 of 2024 (High Court of Jharkhand at Ranchi, Rajesh Shankar, J., Order dated 11.11.2024): Petitioner apprehending arrest for offences punishable under Sections 414/420/467/468/471/120-B of the Indian Penal Code, Sections 4/21 of the Mines & Minerals (Development and Regulation) Act, 1957 and rules 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (alleged recovery of 35 MT of raw coal without valid paper from truck no. JH-24L-2412; Ramgarh P.S. Case No. 73 of 2024) enlarged on anticipatory bail. On arrest or surrender within three weeks, he is to be released on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ramgarh, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 4607 of 2024

Ranjan Kumar Verma son of Late Rohit Mahto, resident of Fulwari Tola, Chhatarmandu, P.O.- Chhatarmandu, P.S. & District- Ramgarh … … Petitioner

Versus

The State of Jharkhand …. … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. A.N. Deo, Advocate For the State : Mr. Prabir Chatterjee, Spl.P.P.

Order No. 06 Dated: 11.11.2024

The petitioner apprehending his arrest for the offences punishable under Sections 414/420/467/468/471/120-B of the Indian Penal Code, Sections 4/21 of the Mines & Minerals (Development and Regulation) Act, 1957 and rules 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, has prayed for grant of anticipatory bail.

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 truck (Hywa) bearing registration no. JH-24L-2412 from which there is alleged recovery of 35 MT of raw coal without valid paper. The petitioner has no idea as to how the said truck was found loaded with illegal coal. In fact, the driver of the truck was in control of the same at the time of alleged occurrence. Otherwise also, the seizure list prepared in this regard does not bear signature of any independent witness. The petitioner has no criminal antecedent as has been stated in paragraph-20 of the present anticipatory bail application. He, however, undertakes to co-operate in the ongoing investigation. Hence, he may be given

the privilege of anticipatory bail.

3. Learned Spl.P.P. opposes the petitioner’s 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 petitioner on anticipatory bail.

5. Accordingly, 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S. Case No. 73 of 2024, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

Ritesh/

(Rajesh Shankar, J.)

A.B.A. No. 4607 of 2024

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