Sunil Oraon Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Sunil Oraon Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest or surrender before the court below within three weeks from 09.09.2024, release on bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Palkot P.S. Case No. 18 of 2024, subject to Section 482(2) BNSS 2023 conditions.

Issue for consideration

Whether anticipatory bail should be granted to the two petitioners who apprehend arrest in Palkot P.S. Case No. 18 of 2024 for offences punishable under Sections 379/411 IPC, Section 21(6) MMDR Act 1957, rules 4/54 Jharkhand Minor Mineral Concession Rules 2004 and rules 7/9 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017.

Court's answer

Having heard learned counsel for the parties and considering that co-accused Bhim Singh, owner of the tractors, has already been granted anticipatory bail by this Court (order dated 12.07.2024 in A.B.A. No. 3506 of 2024), the Court is inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioners 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 Additional Chief Judicial Magistrate, Gumla in connection with Palkot P.S. Case No. 18 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — High Court of Jharkhand (Rajesh Shankar, J.), A.B.A. No. 5808 of 2024, order dated 09.09.2024 — Two tractor drivers (Sunil Oraon and Sakila Oraon) sought pre-arrest bail in Palkot P.S. Case No. 18 of 2024 alleging false implication; charges under Sections 379/411 IPC, Section 21(6) of the Mines and Minerals (Development & Regulation) Act, 1957, rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and rules 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017; petitioners denied any recovery of the alleged 100 cft. illegal sand from each tractor and noted the seizure list bears no independent witness's signature — Anticipatory bail ALLOWED principally on parity: co-accused Bhim Singh, owner of the tractors, had already been granted anticipatory bail in A.B.A. No. 3506 of 2024 (order dated 12.07.2024); petitioners stated to have no criminal antecedent and undertook to cooperate in the investigation — Bail directed: surrender/arrest within three weeks, bail bond Rs.20,000/- each with two like sureties before learned ACJM, Gumla, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 5808 of 2024

Sunil Oraon son of Punai Oraon, resident of Village + P.O.Chandala, P.S.- Gumla, District- Gumla

Sakila Oraon son of Ludappa Oraon, resident of Village + P.O.Chandala, P.S.- Gumla, District- Gumla … … Petitioners Versus

The State of Jharkhand …. … Opposite Party

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioners : Mr. Ajeet Kumar Singh, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P. Order No. 02 Dated: 09.09.2024

The petitioners apprehending their arrest for the offences punishable under Sections 379/411 of the Indian Penal Code, Section 21(6) of the Mines and Minerals (Development & Regulation) Act, 1957, rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and rules 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, have prayed for grant of anticipatory bail.

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. The petitioner no. 1 is the driver of the tractor bearing registration no. JH-01DH1807 (engine no. E3422987, chasis no. TO53376822MG) and the petitioner no. 2 is the driver of the tractor bearing registration no. JH-01-DZ-9128 (engine no. E3495075, chasis no. TO53440206AH). There is alleged recovery of 100 cft. of illegal sand from each of the aforesaid tractors. In fact, there has been no such recovery from the said tractors as has been alleged in the F.I.R. The false implication of the petitioners would be evident from the fact that the seizure list prepared in this regard does not bear signature of any independent witness. Co-accused Bhim Singh- owner of the aforesaid tractors has

already been granted anticipatory bail by this Court vide order dated 12.07.2024 passed in A.B.A. No. 3506 of 2024. The petitioners have no criminal antecedent as has been stated in paragraph-20 of the present anticipatory bail application. They also undertake to cooperate 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 that co-accused Bhim Singh has already been granted anticipatory bail by this Court, I am inclined to enlarge the petitioners on anticipatory bail.

5. 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 Additional Chief Judicial Magistrate, Gumla in connection with Palkot P.S. Case No. 18 of 2024, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

Ritesh/

(Rajesh Shankar, J.)

A.B.A. No. 5808 of 2024

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