Amar Mahto vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sonahatu P.S. Case No.35 of 2021 registered under sections 379 of the Indian Penal Code, under section 4/21 of the Mines Mineral (Development and Regulation) Act, 1957, under section 7/9 of the Jharkhand Mineral (Prevention of illegal Mining, Transportation and Storage) Rule, 2017 and under Rule 54 of the JMMC Rules, 2004.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons was involved in commission of theft and stacking of illegally excavated sand without having valid license. 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 para-15 of the anticipatory bail application. It is then submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 21.09.2021, in A.B.A. No. 6921 of 2021. Hence, it is submitted that the petitioner be also 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.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 Judicial Magistrate -1st Class, Ranchi, in connection with Sonahatu P.S. Case No.35 of 2021 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 438 (2) Cr. P.C.