Mrityunjay Kumar Pandey Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Mrityunjay Kumar Pandey Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted — release on arrest/surrender within three weeks on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Hazaribagh, in connection with G. (Forest) Case No. 3021/2023, subject to conditions under Section 482(2) of BNSS 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest for offences punishable under Sections 33/41/42 of the Indian Forest Act, 1927 in connection with alleged recovery of about 80 cft. of illegal sand from his tractor inside the forest area, should be granted anticipatory bail.

Court's answer

This Court is inclined to enlarge the petitioner on anticipatory bail: in the event of his arrest/surrender within three weeks, he shall be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Hazaribagh, in connection with G. (Forest) Case No. 3021/2023, subject to the conditions under Section 482(2) BNSS 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (High Court of Jharkhand, Ranchi — Justice Rajesh Shankar, order dated 22.11.2024) to petitioner Mrityunjay Kumar Pandey, owner of tractor regn. no. JH-13C-9283, apprehending arrest for offences under Sections 33/41/42 of the Indian Forest Act, 1927 after alleged recovery of about 80 cft. of illegal sand inside the forest area (G. (Forest) Case No. 3021/2023, Judicial Magistrate 1st Class, Hazaribagh). Petitioner contended he was falsely implicated and that the tractor's driver was in control at the material time; counsel also invoked parity with similarly situated co-accused Pokhraj Mahto, already granted anticipatory bail on 18.11.2024 in A.B.A No. 6590 of 2024. Court enlarged the petitioner on bail on a bond of Rs.20,000/- with two sureties of the like amount each, conditioned on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6557 of 2024

Mrityunjay Kumar Pandey, S/o Jaiprakash Pandey, R/o Soparam, PO & PS-Tandwa, District-Chatra … … Petitioner

Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Awnish Shankar, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. -----

02/22.11.2024 The petitioner apprehending his arrest for the offences punishable under Sections 33/41/42 of the Indian Forest Act, 1927, has prayed for grant of anticipatory bail.

2. 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 offence report. The petitioner is the owner of the tractor bearing registration no. JH-13C-9283, chassis no. 923813157695 and engine no. S325G77337 from which there is alleged recovery of about 80 cft. of illegal sand inside the forest area. The petitioner has no idea as to how the said tractor was found loaded with illegal sand. In fact, the driver of the said tractor was in control of the same at the time of alleged occurrence. Similarly situated co-accused Pokhraj Mahto – owner of the tractor bearing registration no. JH-02BA-2837 from which there was also alleged recovery of about 80 cft. of illegal sand, has also been granted anticipatory bail by this Court vide order dated 18.11.2024 passed in A.B.A No. 6590 of 2024. The petitioner has no criminal antecedent as has been stated in paragraph no. 8 of the present application. He, however, undertakes to co-operate in the trial. Hence, he may be given the

privilege of anticipatory bail.

3. Learned Spl.P.P opposes the petitioner’s prayer for

anticipatory bail.

4. 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/surrender 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 Judicial Magistrate, 1^st Class, Hazaribagh, in connection with G. (Forest) Case No. 3021/2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Manish

A.B.A. No. 6557 of 2024