Banshi Ganjhu vs State Of Jharkhand

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m. They have no complain with respect to the audio and video clarity and quality.

Defects are ignored.

Petitioner is an accused for allegedly committing the offence punishable under Sections 188, 414 of the Indian Penal Code, Section 30(ii) of the Coal Mines Act, Section 33 of the Indian Forest Act, Sections 2/3/4 of the Epidemic Disease Act and Section 51 of the Disaster Management Act, in connection with Giddi Police Station Case No.26 of 2020, pending in the Court of learned Judicial Magistrate 1st Class, Hazaribagh.

Petitioner is in custody since 13.05.2020. Allegation against the petitioner is that he along with others were extracting coal from the forest area.

Considering the nature of allegations, and the fact that chargesheet has been submitted, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Banshi Ganjhu, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Hazaribagh in connection with Giddi Police Station Case No.26 of 2020.

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Centre by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.