Vidya Sagar Singh Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Vidya Sagar Singh Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender within three weeks; on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sahibganj, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Mirzachouki P.S. Case No.18/2017 (G.R. No.150/2017) for offences under the Indian Penal Code and Section 54 of the Mines and Minerals (Regulation and Development) Act, is entitled to anticipatory bail. +1 more

Court's answer

The court extended the privilege of anticipatory bail to the petitioner, directing him to surrender before the learned Court within three weeks and, in the event of arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sahibganj, subject to the conditions under Section 438(2) CrPC.

Ratio / Principle

Anticipatory bail was granted on the grounds of parity with co-accused who had already been granted anticipatory bail, and because the allegation against the petitioner was confined to overloading of stone chips on his trucks, which were stated not to have been running in the district of Sahibganj.

Detailed headnote1 paragraphs

Anticipatory bail – Granted. Petitioner apprehending arrest in Mirzachouki P.S. Case No.18/2017 (G.R. No.150/2017) for offences under Sections 147/148/149/336/337/332/333/353/307/504/506/379 IPC and Section 54 of the Mines and Minerals (Regulation and Development) Act, alleging overloading of stone chips on trucks owned by him; co-accused already granted anticipatory bail in A.B.A. No.6299 of 2020 and A.B.A. No.3820 of 2020; State objection based on petitioner's appearance under Section 41-A CrPC notice not sustained; petitioner directed to surrender within three weeks and to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC.

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A.B.A. No. 477 of 2024

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 477 of 2024

Vidya Sagar Singh … Petitioner

-Versus-

The State of Jharkhand … Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Santosh Kumar Jha, Advocate For the State : Mr. Prabhu Dayal Agarwal, Spl.P.P.

02/14.03.2024 Heard Mr. Santosh Kumar Jha, learned counsel for the petitioner and

Mr. Prabhu Dayal Agarwal, learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mirzachouki P.S. Case No.18/2017, corresponding to G.R. No.150/2017, registered for the alleged offence under Section 147/148/149/336/337/ 332/333/353/307/504/506/379 of the Indian Penal Code and Section 54 of the Mines and Minerals (Regulation and Development) Act, pending in the Court of the learned S.D.J.M., Sahibganj.

Mr. Jha, learned counsel for the petitioner submits that the petitioner is owner of three trucks. He submits that only allegation against the petitioner is that there was overloading of stone chips on the trucks. He further submits that the petitioner has purchased the trucks by way of taking loan from SBI, Begusarai. He also submits that the co-accused persons have been provided privilege of anticipatory bail by Coordinate Bench of this Court in A.B.A. No.6299 of 2020 and A.B.A. No.3820 of 2020.

Mr. Agarwal, learned counsel for the State opposed the prayer on the ground that the petitioner has no apprehension and he has already appeared before the police in light of notice under Section 41-A of Cr.P.C. and the police has not arrested him. He refers to Sub-section (3) of Section

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A.B.A. No. 477 of 2024

41-A of Cr.P.C. and submits that apprehension is not there and in view of that, this application is not maintainable.

In reply, Mr. Jha, learned counsel for the petitioner submits that there is apprehension and the police is after him and the co-accused persons have already been provided privilege of anticipatory bail. He further submits that the petitioner will cooperate in the investigation.

It appears that the co-accused persons have been provided privilege of anticipatory bail in the aforesaid A.B.As. and the allegations are made of overloading of the stone chips on the trucks and it has been further pointed out that the said trucks were not running in the district of Sahibganj.

In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, 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 S.D.J.M., Sahibganj in connection with Mirzachouki P.S. Case No. 18/2017, corresponding to G.R. No.150/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Ajay/