Allowed

Manish Kumar Saw v. the State of Jharkhand

Jharkhand HC11 Mar 2024A.B.A./73/2024

Case brief

AI extract

What is this about?

Truck owner sought anticipatory bail in an illegal coal transportation case. The court granted bail on parity with a co-accused who had already received anticipatory bail, subject to Section 438(2) CrPC conditions.

What did the court decide?

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

Manish Kumar Saw Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 73 of 2024

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Manish Kumar Saw ..... … Petitioner Versus 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. Arun Kumar, Advocate. For the State : Mr. P.K. Chatterjee, Spl.P.P.

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04/ 11.03.2024 Heard learned counsel appearing for the petitioner and learned Spl.P.P. for the State.

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The petitioner is apprehending his arrest in connection with Sudamdih P.S. Case No. 37 of 2022, for the alleged offences under Sections 414, 420 and 34 of the Indian Penal Code and Section 30(ii) of the Coal Mines Act, pending in the court of learned Judicial Magistrate, 1^st Class, Dhanbad.

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Learned counsel appearing for the petitioner submits that the petitioner is the owner of the truck bearing registration number JH-10AD-9615 which was seized loaded with 24.90 tonnes of coal. He submits that that the coal was being transported under valid documents. He further submits that the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 5225 of 2022 by the co-ordinate Bench of this court.

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Learned A.P.P. for the State has opposed the prayer on the ground that the allegation of transportation of illegal coal is there.

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Considering that the petitioner is the owner of the vehicle in question and the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 5225 of 2022 by the co-ordinate Bench of this court and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds 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, Dhanbad, in connection with Sudamdih P.S. Case No. 37 of 2022, subject to 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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Amitesh/-

Manish Kumar Saw v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Manish Kumar Saw v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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