Petitioners sought anticipatory bail in a case alleging illegal stone mining beyond their leased area, punishable under IPC Sections 379/411/34 and Rule 54 of the Jharkhand Minor Mineral Concession Rules. The court enlarged them on anticipatory bail with bonds of Rs. 20,000 each and two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5316 of 2024
… Petitioners
The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the petitioners : Mr. Pran Pranay, Advocate For the State : Mr. Prabir Chatterjee, Spl.P.P. -----
03/28.08.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 379/411/34 of the Indian Penal Code and rule 54 of the Jharkhand Minor Mineral Concession Rules.
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 F.I.R. As per the allegation, the petitioners were found carrying out illegal mining of stones over an excess land measuring 1046.87 sq.ft. appertaining to Khata No. 104, Plot No. 2059 beyond his leased area. It is further submitted that the petitioners have not carried out mining activity beyond their leased area. Even if it is assumed that the petitioners have carried out the mining activity beyond their leased area, they would be liable for imposition of penalty in terms with the relevant provisions of mining laws. The petitioners, however, undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail
3. Learned A.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, 1st Class, Koderma, in connection with Nawalshahi P.S. Case No. 32/2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rajesh Shankar, J.)
Manish
2
A.B.A. No. 5316 of 2024
1 issue framed by the court
Whether petitioners apprehending arrest for alleged illegal mining beyond leased area should be granted anticipatory bail.
3 provisions across 3 enactments
Md. Allauddin
Mahendra Mehta @ Mahendra Mahto
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court