Sujit Lakra Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

Sujit Lakra Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted: release on bail on arrest or surrender within six weeks, on depositing cash security of Rs. 10,000/- and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each before learned J.M. 1st Class, Ranchi, subject to conditions including cooperation with investigation, furnishing mobile number and Aadhaar Card copy, and the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Sukhdeonagar P.S. Case No.548 of 2024 (alleged illegal excavation and transportation of sand), should be granted the privilege of anticipatory bail.

Court's answer

It is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail, considering the submissions of the counsels and the facts discussed.

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 a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Ranchi, in connection with Sukhdeonagar P.S. Case No.548 of 2024, with conditions: cooperation with 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, an undertaking not to change the mobile number during pendency, and the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, A.B.A. No. 422 of 2025 (Order No.02 dated 24.01.2025, Anil Kumar Choudhary, J.): Anticipatory bail granted to Sujit Lakra (aged 21), driver of a turbo vehicle seized by police while allegedly transporting illegally excavated sand, who apprehended arrest in connection with Sukhdeonagar P.S. Case No.548 of 2024 registered under sections 303(2)/317 of the B.N.S., 2023, Section 4/21 of MMDR Act, Rule 54 of JMMC Rules and Rules 7/9/11/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017. On arrest or surrender within six weeks, bail ordered on depositing cash security of Rs. 10,000/- and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each before learned J.M. 1st Class, Ranchi; conditions imposed include cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhaar Card copy in the court below with an undertaking not to change the mobile number during pendency, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 422 of 2025

Sujit Lakra, aged about 21 years, s/o Arvind Lakra, r/o Village-Karkari, P.O.-Karkari, P.S.-Gumla, Dist.-Gumla (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Kripa S. Nanda, Advocate For the State : Mr. V.K. Vashistha, Spl. P.P. ------

Order No.02 Dated- 24.01.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sukhdeonagar P.S. Case No.548 of 2024 registered under sections 303(2)/317 of the B.N.S., 2023, Section 4/21 of MMDR Act, Rule 54 of JMMC Rules and under Rule 7/9/11/13 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 is the driver of the turbo vehicle which was seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioner are all false. 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 Spl. 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 J.M. 1^st Class, Ranchi, in connection with Sukhdeonagar P.S. Case No.548 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-