Shivnath Munda Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

Shivnath Munda Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted; petitioner directed to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on cash security of Rs.10,000/- and bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the stated conditions including those under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Silli P.S. Case No.104 of 2024 (registered under Sections 317(5) of BNS, 2023, Section 4/54 of JMMC Rules, Section 4/21 of MMDR Act and Sections 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017), should be granted the privileges of anticipatory bail.

Court's answer

Anticipatory bail privileges granted: the petitioner is directed to surrender before the Court below within six weeks and, in the event of arrest or surrender, is to be enlarged 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 the Judicial Magistrate, 1st Class, Ranchi, in connection with Silli P.S. Case No.104 of 2024.

Ratio / Principle

The enlargement on bail is conditioned on the petitioner co-operating with the investigation, appearing before the investigating officer as and when noticed, furnishing his mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and complying with the further conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Anil Kumar Choudhary, J., order dated 13-02-2025) to Shivnath Munda, apprehending arrest in Silli P.S. Case No.104 of 2024, instituted under Sections 317(5) of BNS, 2023, Section 4/54 of JMMC Rules, Section 4/21 of MMDR Act and Sections 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Counsel submitted the petitioner is merely the driver of tipper bearing Registration No.JH-01FU-7696 seized while transporting excavated sand illegally, that the allegation is false and that he has no criminal antecedent. Petitioner to surrender within six weeks; on arrest/surrender to be enlarged on bail on cash security of Rs.10,000/- and bail bond of Rs.25,000/- with two like sureties before the Judicial Magistrate, 1st Class, Ranchi, conditioned on co-operation with investigation, reporting to the investigating officer, furnishing mobile number and Aadhar copy with undertaking not to change the number, and subject to Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.952 of 2025

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Shivnath Munda, aged about 26 years s/o Lakhicharan Munda r/o Mahali Huhu, PO & PS Angara, Dist. Ranchi, Jharkhand

.... …. Petitioner

Versus

The State of Jharkhand

.... .... .... Opposite Party

-----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Abhishek Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, Adl. P.P

Order No.02 Dated- 13-02-2025

Heard the parties.

Apprehending his arrest in connection with Silli P.S. Case No.104 of 2024 instituted under Sections 317(5) of BNS, 2023, under Section 4/54 of JMMC Rules, under Section 4/21 of MMDR Act and Sections 7/9/13 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 driver of turbo (tipper) bearing Registration No.JH-01FU-7696 which was seized by police while being involved in illegal transportation of excavated sand. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-11 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly 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 bail on depositing cash security of Rs.10,000/- 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 Judicial Magistrate, 1^st Class, Ranchi in connection with Silli P.S. Case No.104 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 . )

Anjali/