Disposed

Pintu Alias Sarfaraj Sk Alias MD Sarfaraj v. the State of Jharkhand

Jharkhand HC9 Sept 2024A.B.A./5816/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an illegal sand mining case where 100 CFT of sand was allegedly recovered from the petitioner's tractor. Court granted anticipatory bail with conditions under Section 482(2) BNSS, noting no criminal antecedents and undertaking to co-operate.

What did the court decide?

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

Pintu Alias Sarfaraj Sk Alias MD Sarfaraj Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5816 of 2024

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Pintu @ Sarfaraj Sk @ Md. Sarfaraj, S/o Kajem Ali, R/o Masna, P.O. Masna, P.S. Radhanagar, District-Sahibganj.

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.......... Petitioner.

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-Versus-

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The State of Jharkhand

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.......... Opp. Party.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR -----

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For the Petitioner : Mr. Gautam Kumar, Advocate Mr. Ashutosh Kr. Sinha, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl. P.P. ----- Order No.02 Date: 09.09.2024

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The petitioner is apprehending his arrest in connection with Ranga P.S. Case No.59 of 2024 registered under Sections 175/188/379/414 of Indian Penal Code, Sections 21(1)/21(6)/22 of Mines and Minerals (Development & Regulation) Act, 1957, Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rules 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 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 is the owner of tractor bearing registration no.JH-17AB-7046 from which there is alleged recovery of 100 CFT of illegal sand. In fact, the petitioner has no idea as to how the said tractor was found loaded with the said illegal sand. Otherwise also, the driver of the said tractor was in control of the same at the time of the alleged occurrence. The petitioner has no criminal antecedent as

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has been stated in paragraph no.12 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 Spl. P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

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Having heard learned counsel for the parties and considering 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, Rajmahal in connection with Ranga P.S. Case No.59 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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Vikas/

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-2-

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A.B.A. No.5816 of 2024

Pintu Alias Sarfaraj Sk Alias MD Sarfaraj v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pintu Alias Sarfaraj Sk Alias MD Sarfaraj 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

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