Disposed

Manoj Kumar Singh v. the State of Jharkhand

Jharkhand HC2 Apr 2024A.B.A./596/2024

Case brief

AI extract

What is this about?

Vehicle owner sought anticipatory bail in an illegal stone-chip transportation case. Noting he was not present on the spot, had no criminal antecedent, and the driver already had anticipatory bail, the court granted bail upon surrender with two sureties, subject to Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail on surrender within three weeks; bail bond Rs.25,000 with two sureties of like amount, subject to S.438(2) CrPC conditions.

Manoj Kumar Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 596 of 2024

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Manoj Kumar Singh … Petitioner

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-Versus-

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Parambir Singh Bajaj, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P.

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02/02.04.2024 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Borio P.S. Case No.340 of 2023, registered for the alleged offence under Section 379/414/175 of the Indian Penal Code, Rule 4/54 of the Jharkhand Minor Mineral Concession Rules and Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in the Court of the learned Judicial Magistrate, 1^st Class, Sahibganj.

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Learned counsel for the petitioner submits that the petitioner is the owner of Hywa and the allegations are made that 500 cft of stone chips was being carried. He submits that the driver has already been provided privilege of anticipatory bail in A.B.A. No.634 of 2024. He further submits that the petitioner has got no criminal antecedent, which has been disclosed in paragraph 18 of this application.

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

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Considering that the petitioner is the owner of the said vehicle and he was not present on the spot and the driver has already been provided

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-1- A.B.A. No. 596 of 2024

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privilege of anticipatory bail in the said A.B.A. and the petitioner has got no criminal antecedent and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

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Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Sahibganj in connection with Borio P.S. Case No. 340 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-2-

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A.B.A. No. 596 of 2024

Manoj Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Manoj Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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