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Prem Shankar Singh Binjhiya v. the State of Jharkhand

Jharkhand HC23 Aug 2024A.B.A./5395/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a truck driver alleged to have transported illegal sand under offences relating to illegal mining. Court noted absence of criminal antecedents and undertaking to cooperate, and enlarged him on bail in the event of arrest or surrender.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bail bond of Rs.20,000 with two sureties of like amount, subject to Section 482(2) BNSS conditions.

Prem Shankar Singh Binjhiya Vs the State of… — Mining and Natural Resources | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5395 of 2024

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Prem Shankar Singh Binjhiya … … Petitioner Versus

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The State of Jharkhand …. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Suresh Prajapati, Advocate For the State : Mrs. Priya Shrestha, A.P.P.

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Order No. 02 Dated: 23.08.2024

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The petitioner apprehending his arrest for the offences punishable under Section 414 of the Indian Penal Code, Sections 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957, rules 4/54 of the Jharkhand Minor Mineral Concession Rules, 2004 and rules 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, has prayed for grant of anticipatory bail.

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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 driver of truck (Hywa) bearing registration no. JH-01FP-2816 from which there is alleged recovery of 600 cft. of illegal sand. In fact, there is no such recovery from the said vehicle as has been alleged. The false implication of the petitioner would be evident from the fact that 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-16 of the present anticipatory bail application. He also undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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3. Learned A.P.P. opposes the petitioner’s prayer for

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anticipatory bail.

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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.

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5. Accordingly, the petitioner above named, in the event of his arrest/surrender 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 Judicial Magistrate, Ranchi in connection with Namkum P.S. Case No. 239 of 2024, subject to the condition as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

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Ritesh/

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(Rajesh Shankar, J.)

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A.B.A. No. 5395 of 2024

Prem Shankar Singh Binjhiya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prem Shankar Singh Binjhiya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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