Vikash Agarwal Alias Vikash Kumar Agarwal Vs… — Mining and Natural Resources | Jharkhand HC (2025)

Vikash Agarwal Alias Vikash Kumar Agarwal Vs… — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within eight weeks and, on arrest or surrender, to be enlarged on bail on depositing Rs.1,00,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to investigation-co-operation conditions and conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Vikash Agarwal @ Vikash Kumar Agarwal, apprehending arrest in Nirsa P.S. Case No.214 of 2024.

Court's answer

The Court granted privileges of anticipatory bail: the petitioner is to surrender in the Court below within eight weeks and, in the event of his arrest or surrender, is to be enlarged on bail.

Ratio / Principle

Enlargement is conditioned on depositing Rs.1,00,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Dhanbad, with the conditions that the petitioner co-operate with the investigation, appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of his Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and comply with the conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — grant of — Petitioner apprehending arrest in Nirsa P.S. Case No.214 of 2024 instituted under Sections 303(2), 317(2) of the B.N.S., 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 13 of the Jharkhand Minor Mineral Concessions Rules, 2004 — Held, petitioner directed to surrender in the Court below within eight weeks and, on arrest or surrender, to be enlarged on bail on depositing Rs.1,00,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhanbad — Conditions imposed: co-operation with investigation and appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with undertaking not to change the mobile number during the pendency of the case, and conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.14 of 2025

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Vikash Agarwal @ Vikash Kumar Agarwal

.... .... …. Petitioner Versus

-----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate Mr. Rohan Mazumdar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P ------

Order No.02 Dated- 08-01-2025

Heard the parties.

Apprehending his arrest in connection with Nirsa P.S. Case No.214 of 2024 instituted under Sections 303(2), 317(2) of the B.N.S., 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957 and under Rule 13 of the Jharkhand Minor Mineral Concessions Rules, 2004, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the proprietor of M/s Saksham Udyog and from the same, illegally excavated coal was recovered. It is next submitted that the allegation against the petitioner is false and that the said plant is closed since the year 2022 and is not engaged in any commercial or industrial activity. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within eight weeks from today and in the event of his arrest

or surrendering, he will be enlarged on bail on depositing Rs.1,00,000/- as cash security and 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, Dhanbad in connection with Nirsa P.S. Case No.214 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Saroj/