Chhatish Ray Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Chhatish Ray Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: upon arrest or surrender within six weeks from the date of the order, release on bail on depositing cash security of Rs. 5,000/- and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the stated conditions including cooperation with investigation and Section 482 (2) BNSS, 2023 conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Deodanr P.S. Case No.29 of 2024 (sections 379 & 411 IPC and associated mineral-rules provisions), should be granted the privileges of anticipatory bail.

Court's answer

Considering the submissions of the counsels 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 his arrest or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing cash security of Rs. 5,000/- and on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Godda, in connection with Deodanr P.S. Case No.29 of 2024.

Key takeaways

Release is conditioned on the petitioner cooperating 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, undertaking not to 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.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail — granted. Chhatish Ray, apprehending arrest in Deodanr P.S. Case No.29 of 2024 (ss. 379 & 411 IPC; Rule 4/54 Jharkhand Minor Minerals Concession Rules, 2004 (as amended); s. 4/21 M.M.D.R. Act; Rule 9/13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017), alleged to have been the owner of the tractor used in transporting illegally extracted sand, was held entitled to the privilege of anticipatory bail: upon arrest or surrender within six weeks, release on depositing cash security of Rs. 5,000/- and bail bond of Rs. 25,000/- with two like sureties to learned J.M., 1st Class, Godda, subject to cooperation with investigation, furnishing mobile number and Aadhar Card copy, and s. 482(2) BNSS, 2023 conditions. (Anil Kumar Choudhary, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.46 of 2025

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Chhatish Ray, aged about 39 years, S/o Lakshman Ray, R/o of Village-Shundmara, Gandhi Tola, P.O.-Sundmara, P.S.-Deodanr, District-Godda, Jharkhand.

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Pankaj Kumar, Advocate For the State : Ms. Priya Shrestha, Spl.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 Deodanr P.S. Case No.29 of 2024 registered under sections 379 & 411 of the Indian Penal Code, and under Rule 4/54 of the Jharkhand Minor Minerals Concession Rules, 2004, (As amended), and Section 4/21 of the M.M.D.R. Act and Rule 9/13 of the 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 was the owner of the tractor which was involved in transportation of illegally extracted 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. 14 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 above named 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. 5,000/- 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, Godda, in connection with Deodanr P.S. Case No.29 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/