Amar Kumar Sahu Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

Amar Kumar Sahu Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest or surrender within six weeks, release on bail on cash security of Rs.10,000/- and bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gumla, subject to conditions of cooperation with investigation, appearance before the Investigating Officer, furnishing mobile number and Aadhar Card copy, and not changing the mobile number, per Section 482 (2) BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Sisai P.S. Case No. 79 of 2024, should be granted the privilege of anticipatory bail.

Court's answer

Considering the submissions of the counsels, the Court held it is a fit case where the petitioner be given the privilege of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within six weeks from the date of the order, the petitioner shall be released on bail on depositing cash security of Rs.10,000/- and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gumla, conditioned on cooperation with the investigation, appearance before the Investigating Officer as and when noticed, furnishing his mobile number and a copy of his Aadhar Card in the court below, and an undertaking not to change his mobile number during the pendency of the case, subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to Amar Kumar Sahu (aged about 26 years) apprehending arrest in Sisai P.S. Case No. 79 of 2024 (Dist. Gumla), registered under sections 379/414/34 of the Indian Penal Code, Section 4/21 of MMDR Act, Rule 4/54 of JMMC Rules and Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, over allegations of involvement in storage of illegally excavated sand. In the event of arrest or surrender within six weeks, he is to be released on bail on depositing cash security of Rs.10,000/- and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gumla, conditioned on cooperation with the investigation, appearance before the Investigating Officer as and when noticed, furnishing his mobile number and a copy of his Aadhar Card in the court below, and an undertaking not to change his mobile number during the pendency of the case, subject to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 1105 of 2025

Amar Kumar Sahu, aged about 26 years, s/o late Vijay Kumar Sahu, r/o Village-Murgu, P.O.-Murgu, P.S.-Sisai, Dist.-Gumla (Jharkhand)

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Kripa S. Nanda, Advocate For the State : Mrs. Lily Sahay, Addl. P.P.

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Order No.02 Dated- 18.02.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sisai P.S. Case No.79 of 2024 registered under sections 379/414/34 of the Indian Penal Code, Section 4/21 of MMDR Act, Rule 4/54 of JMMC Rules and under Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in storage of illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioner has no concern with the seized sand. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 13 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the

abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gumla, in connection with Sisai P.S. Case No.79 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-