Allowed

Sapan Mandal Alias Sapan Kumar Mandal v. the State of Jharkhand

Jharkhand HC5 Sept 2024A.B.A./5701/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an illegal coal seizure case where the petitioners were implicated only through a co-accused's disclosure and were not named in the FIR. The court enlarged them on bail on furnishing bonds with two sureties each.

What did the court decide?

Anticipatory bail granted; release on bail bond of Rs.20,000 each with two sureties of like amount upon arrest or surrender within three weeks.

Sapan Mandal Alias Sapan Kumar Mandal Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5701 of 2024

¶2

¶3

Sapan Mandal @ Sapan Kumar Mandal

¶4

Pramod Mandal @ Pramod Kumar Mandal

¶5

.......... Petitioners.

¶6

-VersusThe State of Jharkhand .......... Opp. Party.

¶7

¶8

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

¶9

¶10

For the Petitioners : Mr. Arvind Kumar Choudhary, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P. ----- Order No.02 Date: 05.09.2024

¶11

The petitioners are apprehending their arrest in connection with Chitra P.S. Case No.27 of 2024 registered under Sections 379/414/34 of the Indian Penal Code, 1860, Section 30(ii) of Coal Mines Act and Rules 7/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

¶12

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. There is alleged recovery of 1200 kg (approx.) of illegal coal from three motorcycles. The petitioners have neither any concern with the seized motorcycles nor with the said coal. The petitioners have not been named in the F.I.R., however, they have been implicated in this case on the alleged disclosure made by apprehended co-accused-Kanhaiya Lala Mandal as the persons who succeeded in fleeing away from the place of occurrence. Except the alleged disclosure made by the said co-accused, there is no cogent material to connect the petitioners with the alleged offence. Though both the petitioners have one more criminal case pending

¶13

against them, however, so far as the present case is concerned, they have been implicated in the same without any cogent evidence. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

¶14

Learned Spl. P.P. opposes the petitioners’ prayer for grant of anticipatory bail.

¶15

Having heard learned counsel for the parties and on consideration of 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 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) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Madhupur (Deoghar) in connection with Chitra P.S. Case No.27 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶16

(Rajesh Shankar, J.)

¶17

Arpit/

¶18

-2-

¶19

A.B.A. No.5701 of 2024

Sapan Mandal Alias Sapan Kumar Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sapan Mandal Alias Sapan Kumar Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abodh Yadav Vs the State of Jharkhand

Smt Yashodhara Kumari Alias Yashodhara Devi Vs the State of Jharkhand

Mithlesh Kumar Vs the State of Jharkhand

Krishna Deo Barnwal Alias Chotu Barnwal Vs the State of Jharkhand

Namita Dey Vs the State of Jharkhand

Tipu Sultan Khan Vs the State of Jharkhand