Allowed

Kapil Nayak Alias Kapil Dev Nayak v. the State of Jharkhand

Jharkhand HC17 Sept 2024A.B.A./5952/2024

Case brief

AI extract

What is this about?

Justice Rajesh Shankar, in a bail application under the Bharatiya Nagarik Suraksha Sanhita, 2023, enlarged the petitioner on anticipatory bail. The petitioner faced charges of illegal sand storage and was falsely implicated based on hearsay, while a co-accused had already obtained similar relief.

What did the court decide?

Petitioner enlarged on anticipatory bail to be released upon arrest or surrender within three weeks, on furnishing bail bond of Rs.20,000 with two sureties.

Kapil Nayak Alias Kapil Dev Nayak Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5952 of 2024

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Kapil Nayak @ Kapil Dev Nayak, S/o Buku Nayak, R/o Nayak Tola, village-Khetko, P.O.-Khetko, P.S.-Peterbar, DistrictBokaro.

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.......... Petitioner. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Rajesh Kr. Mahtha, Advocate For the State : Mr. Rajesh Kumar, A.P.P. ----- Order No.03 Date: 17.09.2024

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The petitioner is apprehending his arrest in connection with Petarbar P.S. Case No.45 of 2024 registered under Sections 379/411/34 of the Indian Penal Code, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 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 this case and has not committed any offence as alleged in the F.I.R. As per the allegation, 28,200 CFT of sand was found illegally stored at three different places situated in Mouza-Khetko, P.S.-Petarwar. On being asked from the local villagers, it was told that the said sand was stored by the petitioner and co-accused Shabbir Ansari @ Sabir Ansari and others. In fact, the petitioner is neither concerned with the said land nor with the sand stored over the same. He has been

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implicated in this case only on suspicion and hearsay statements of local people. Except the said fact, there is no cogent material to connect the petitioner with the alleged offence. Similarly situated co-accused-Shabbir Ansari @ Sabir Ansari has already been granted anticipatory bail by this Court vide order dated 16th August, 2024 passed in A.B.A. No.5136 of 2024. The petitioner 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 anticipatory bail.

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Having heard learned counsel for the parties, 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 SubDivisional Judicial Magistrate, Bermo at Tenughat in connection with Petarbar P.S. Case No.45 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.5952 of 2024

Kapil Nayak Alias Kapil Dev Nayak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kapil Nayak Alias Kapil Dev Nayak 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

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