Tinku Alias Brahmadev Ram Vs the State of… — Mining and Natural Resources | Jharkhand HC (2025)

Tinku Alias Brahmadev Ram Vs the State of… — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender within six weeks, release on cash security of Rs. 40,000 and bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad, subject to conditions of cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number during the pendency of the case, and the conditions under Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Putki (Bhagabandh O.P.) P.S. Case No.62 of 2024 (registered under section 414 IPC and Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957) over alleged involvement in loading and transportation of illegally extracted coal, should be granted the privileges of anticipatory bail.

Court's answer

Considering the submissions of counsel and the facts discussed, the Court held it is a fit case where the petitioner be given the privileges of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on depositing cash security of Rs. 40,000 and furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the learned C.J.M., Dhanbad, conditioned on cooperation with the investigation, appearing before the Investigating Officer as and when noticed, furnishing his mobile number and a copy of his Aadhar Card in the court below with an undertaking not to change the mobile number during the pendency of the case, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. The High Court of Jharkhand (Anil Kumar Choudhary, J.) allowed A.B.A. No.44 of 2025 filed by Tinku @ Brahmadev Ram, who apprehended arrest in Putki (Bhagabandh O.P.) P.S. Case No.62 of 2024 registered under section 414 IPC and Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957, arising from alleged loading and transportation of illegally extracted coal. Counsel submitted the petitioner was neither owner nor driver of the seized truck and had no criminal antecedent. Holding it a fit case, the Court directed that on arrest or surrender within six weeks the petitioner be released on cash security of Rs. 40,000 and a bail bond of Rs. 25,000 with two like sureties to the satisfaction of the learned C.J.M., Dhanbad, conditioned on cooperation with investigation, appearance before the Investigating Officer, and furnishing of mobile number and Aadhar Card copy with an undertaking not to change the number, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.44 of 2025

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Tinku @ Brahmadev Ram, aged about 34 years, son of Ram Pyare Ram, Resident of B.N.R. 8 Khapda Dhowra Bhagabandh, P.O.Bhaga, P.S.-Putki (Bhagabandh OP), District-Dhanbad.

.... .... …. Petitioner

Versus

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 : Ms. Ruby Pandey, Addl.P.P. ------

Order No.02 Dated- 14/01/2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Putki (Bhagabandh O.P.) P.S. Case No.62 of 2024 registered under section 414 of the Indian Penal Code, and under Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in loading and transportation of illegally extracted coal. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is neither owner nor driver of the truck which was seized by the police in connection with transportation of coal. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 17 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 privileges 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 above named petitioner be given the privileges 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. 40,000/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 C.J.M., Dhanbad, in connection with Putki (Bhagabandh O.P.) P.S. Case No.62 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 . )

Abhiraj/