Deepak Kumar Bhagat Alias Dipak Kumar Bhagat… — Mining and Natural Resources | Jharkhand HC (2025)

Deepak Kumar Bhagat Alias Dipak Kumar Bhagat… — 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.20,000/- cash security and furnishing bail bond of Rs.25,000 with two sureties of the like amount each to the satisfaction of learned CJM, Dumka in connection with Jama P.S. Case No.91 of 2024, subject to conditions of co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and Aadhaar Card photocopy with undertaking not to change mobile number during pendency, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Jama P.S. Case No.91 of 2024 relating to alleged transportation of illegally excavated stone chips, should be granted the privileges of anticipatory bail.

Court's answer

Privileges of anticipatory bail granted: petitioner directed to surrender in the Court below within six weeks, and on arrest or surrender to be enlarged, subject to the bail terms and conditions recorded in the order.

Ratio / Principle

Enlargement conditioned on depositing Rs.20,000/- as cash security and furnishing bail bond of Rs.25,000 with two sureties of the like amount each to the satisfaction of learned CJM, Dumka, with conditions that petitioner co-operate with the investigation, appear before the investigating officer as and when noticed, furnish mobile number and Aadhaar Card photocopy with undertaking not to change the mobile number during pendency, and comply with further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Jharkhand HC, A.B.A. No.756 of 2025, Anil Kumar Choudhary, J., 05-02-2025): Deepak Kumar Bhagat @ Dipak Kumar Bhagat, apprehending arrest in Jama P.S. Case No.91 of 2024 instituted under Sections 4/21 of the M.M.D.R. Act, 1957, Rules 4/54 of J.M.M.C. Rules and Rule 9/13 of the Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2017 — petitioner alleged owner of truck JH-15AG-7458 seized while transporting illegally excavated stone chips — directed to surrender within six weeks and to be enlarged on depositing Rs.20,000/- cash security and bail bond of Rs.25,000 with two sureties of like amount each to the satisfaction of learned CJM, Dumka, conditioned on co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and Aadhaar Card copy with undertaking not to change the mobile number during pendency, 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.756 of 2025

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Deepak Kumar Bhagat @ Dipak Kumar Bhagat, aged about 44 years, son of Gopal Prashad Bhagat, resident of Village- Belhar, P.O. & P.S.- Belhar, District- Banka, Bihar.

Versus

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

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Rahul Kumar, Advocate For the State : Mr. Bishwambhar Shastri, Addl.P.P ------

Order No.02 Dated-05-02-2025

Heard the parties.

Apprehending his arrest in connection with Jama P.S. Case No.91 of 2024 instituted under Sections 4/21 of the M.M.D.R. Act, 1957, Rules 4/54 of J.M.M.C. Rules and Rule 9/13 of Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2017, 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 owner of truck bearing Registration No.JH-15AG-7458 which was seized by police while transporting illegally excavated stone chips. It is submitted that the allegation against the petitioner is false. It is next 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 Addl.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.20,000/- 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 CJM, Dumka in connection with Jama P.S. Case No.91 of 2024 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/