Sundar Lal Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

Sundar Lal Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner to surrender within six weeks and, on arrest or surrender, be enlarged on depositing Rs.10,000/- cash security and furnishing bail bond of Rs.25,000/- with two sureties of like amount each before Judicial Magistrate-1st Class, Dhanbad, subject to conditions of co-operation with investigation, appearance before investigating officer, furnishing mobile number and Aadhar Card copy, undertaking not to change mobile number, and Section 482 (2) BNSS 2023 conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Barwadda P.S. Case No.147 of 2023 (Sections 413, 414, 34 IPC and Section 21 MMDR Act, 1957), should be granted the privileges of anticipatory bail.

Court's answer

Considering the submissions of learned counsels and the facts and circumstances stated, the court is inclined to grant privileges of anticipatory bail to the petitioner.

Ratio / Principle

Petitioner directed to surrender in the Court below within six weeks; on arrest or surrender he is to be enlarged on depositing Rs.10,000/- 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, in connection with Barwadda P.S. Case No.147 of 2023, with conditions that he will co-operate with the investigation, appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of Aadhar Card with an undertaking not to change his mobile number during pendency of the case, and comply with further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED - Single-judge order (Anil Kumar Choudhary, J., dated 08-01-2025) of the High Court of Jharkhand at Ranchi in A.B.A. No.29 of 2025 allowing anticipatory bail to Sundar Lal, who apprehended arrest in Barwadda P.S. Case No.147 of 2023 instituted under Sections 413, 414, 34 IPC and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, arising from seizure of Truck No. UP-32SN-4279 while transporting illegally excavated coal, the petitioner being alleged as its driver. Petitioner to surrender within six weeks and be enlarged on Rs.10,000/- cash security and Rs.25,000/- bail bond with two like sureties before Judicial Magistrate-1st Class, Dhanbad, conditioned on co-operation with investigation, appearance before the investigating officer, furnishing mobile number and Aadhar Card copy with undertaking not to change the mobile number, 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.29 of 2025

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Sundar Lal

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : 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 Barwadda P.S. Case No.147 of 2023 instituted under Sections 413, 414, 34 of the Indian Penal Code and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of Truck bearing Registration No. UP-32SN-4279 which was seized by police while transporting illegally excavated coal. It is next submitted that the allegation against the petitioner is false. Drawing attention of this court towards para15 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no crimnal antecedent. It is then 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 six weeks from today and in the event of his arrest or surrendering, he will be enlarged on depositing Rs.10,000/- 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 Barwadda P.S. Case No.147 of 2023 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/