Shankar Dayal Mehta Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

Shankar Dayal Mehta Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on arrest or surrender within six weeks on depositing cash security of Rs.20,000/- and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hazaribagh, conditioned on cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhaar Card copy, and subject to section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Korra P.S. Case No. 168 of 2024, should be granted the privilege of anticipatory bail.

Court's answer

Considering the submissions of counsel and the facts discussed, 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, the petitioner shall be released on bail on depositing cash security of Rs.20,000/- and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hazaribagh, subject to conditions including cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhaar copy, and the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No. 446 of 2025, decided 24.01.2025): Shankar Dayal Mehta, alleged driver of a Hywa vehicle seized for transporting illegally excavated sand, apprehending arrest in Korra P.S. Case No. 168 of 2024 (registered under sections 317(2)/3(6) B.N.S. 2023, Section 4/21 M.M.D.R. Act, Rule 4/54 J.M.M.C. Rules and Rule 9/13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017), held by Anil Kumar Choudhary, J. to be a fit case for anticipatory bail notwithstanding opposition by the Learned Addl. P.P.; petitioner to be released on arrest or surrender within six weeks on cash security of Rs.20,000/- and bail bond of Rs.25,000/- with two sureties of like amount each before the learned A.C.J.M., Hazaribagh, conditioned on cooperation with investigation, furnishing mobile number and Aadhaar copy, and subject to section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 446 of 2025

Shankar Dayal Mehta, aged about 48 years, S/o Ramkishore Prasad Mehta, R/o -49 Pugmil Mandai Road Noora, Sadsr, P.O. –Mandai, P.S. –Lohsingna, District –Hazaribagh, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party

------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Raj Shekhar Jha, Advocate For the State : Mr. Vishwanath Roy, Addl. 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 Korra P.S. Case No.168 of 2024 registered under sections 317(2)/3(6) of the B.N.S., 2023, under Section 4/21 of M.M.D.R. Act, under Rule 4/54 of the J.M.M.C. Rules and under Rule 9/13 of Jharkhand Minerals (Prevention of illegal Mining, Transportation & Storage) Rules, 2017.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of the Hywa Vehicle which was seized by the police for being involved in transportation of illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para25 of the instant 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.20,000/- 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 A.C.J.M., Hazaribagh, in connection with Korra P.S. Case No.168 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-