Allowed

Sona Besra Alias Soma Besra v. the State of Jharkhand

Jharkhand HC18 Mar 2024A.B.A./575/2024

Case brief

AI extract

What is this about?

Petitioner, a driver arrested for illegal mining, prayed for anticipatory bail. Court granted anticipatory bail directing surrender within three weeks, subject to conditions on furnishing bond and sureties.

What did the court decide?

Directed petitioner to surrender within three weeks; released on bail furnishing bond of Rs. 25,000 with two sureties of like amount each subject to Section 438(2) CrPC.

Sona Besra Alias Soma Besra Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND, RANCHI

¶2

A.B.A. No. 575 of 2024

¶3

----

¶4

Sona Besra @ Soma Besra .... Petitioner

¶5

-- Versus -- The State of Jharkhand .... Opposite Party

¶6

¶7

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶8

--For the Petitioner :- Mr. Manoj Kumar Dash, Advocate For the State :- Mr. Abhay Kumar Tiwari, Advocate ----

¶9

4 /18.03.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

¶10

The petitioner is apprehending his arrest in connection with Dhalbhumgarh P.S. Case No.17 of 2023, for the offence registered under sections 379/411/34 IPC section 4/21 of Minor Mineral (Development And Regulation) Act, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of learned Sub Divisional Judicial Magistrate, Ghatshila.

¶11

Learned counsel for the petitioner submits that the petitioner is driver of the Hywa in question and the allegations are made that 600 cft sand was loaded on the vehicle in question. He submits that owner of the vehicle has been provided privilege of anticipatory bail in A.B.A. No.8066 of 2023. He further submits that the petitioner is not having any criminal antecedent as disclosed in paragraph no.14 of the petition.

¶12

Learned State counsel opposed the prayer on the ground that illegally the sand was being carried.

¶13

Considering that the petitioner is the driver of the vehicle in question and he has got no criminal antecedent and for earning his livelihood he was driving the vehicle in question, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

¶14

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Ghatshila, in connection with Dhalbhumgarh P.S. Case No.17 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶15

( Sanjay Kumar Dwivedi, J.)

¶16

SI/

Sona Besra Alias Soma Besra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sona Besra Alias Soma Besra 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

Ajel Oraon Vs the State of Jharkhand

Kari Nath Ganju Vs the State of Jharkhand

MD Sahjad Ansari Alias Sahjad Ansari Vs the State of Jharkhand

Subodh Vs the State of Jharkhand

Niramuni Kumari Alias Niramani Kumari Vs the State of Jharkhand

Shekh Yasin Vs the State of Jharkhand