Allowed

Hare Ram Singh v. the State of Jharkhand

Jharkhand HC28 Aug 2024A.B.A./5477/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the owner of a truck allegedly carrying illegal sand in Galudih P.S. Case No.28 of 2024 under IPC and mining law provisions. The court enlarged him on anticipatory bail on furnishing a bond with two sureties, subject to BNSS Section 482(2) conditions.

What did the court decide?

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

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

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5477 of 2024

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Hare Ram Singh .......... Petitioner.

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-Versus-

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The State of Jharkhand .......... Opp. Party.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Manoj Kumar Dash, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. ----- Order No.02 Date: 28.08.2024

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The petitioner is apprehending his arrest in connection with Galudih P.S. Case No.28 of 2024 registered under Sections 379/411 of Indian Penal Code, 1860, Sections 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Sections 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017.

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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The petitioner had earlier preferred anticipatory bail application vide A.B.A. No.4592 of 2024, which was dismissed as withdrawn by a Bench of this Court vide order dated 16^th August, 2024 with a liberty to the petitioner to file a fresh petition with better particular. In view of the said order the petitioner has filed the present anticipatory bail application.

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It is further submitted that the petitioner is the owner of truck (Hywa) bearing registration No.JH-05CN-2579 from which there is alleged recovery of 700 CFT of illegal sand. The petitioner has no

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idea as to how the said truck was found loaded with illegal sand. In fact, the driver of the said truck was in control of the same at the time of the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.15 of the present anticipatory bail application. He also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

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Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. 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 Additional Chief Judicial Magistrate, Ghatshila in connection with Galudih P.S. Case No.28 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rajesh Shankar, J.)

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Arpit/Nishant

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-2-

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A.B.A. No.5477 of 2024

Hare Ram Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hare Ram Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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