Bidyanand Yadav @ Vidyanand Yadav vs State of Jharkhand

The present anticipatory bail application is taken up today through Video conferencing.

Heard the learned counsel for the parties.

The petitioner is apprehending his arrest for the offences punishable under Sections 414/413/120-B/34 of the Indian Penal Code and Section 30(ii) of Coal Mines Act.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. Though the petitioner is the owner of truck bearing registration no. JH 02U-1184 which was found involved in loading of illegal coal, yet on perusal of the agreement dated 13.12.2019 executed between the petitioner and one Kamlesh Kumar Singh (a copy of which has been annexed as Annexure-2 to the present anticipatory bail application), it would be evident that the said truck was given on rent by the petitioner to said Kamlesh Kumar Singh for the period from 13.12.2019 to 12.12.2020. Hence, the petitioner may be given the privilege of anticipatory bail.

The learned A.P.P. opposes the petitioner's prayer for anticipatory bail.

Having heard the learned counsel for the parties and considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner above named, in the event of his arrest/surrender within four weeks, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Dhanbad, in connection with Jharia P.S. Case No. 04 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.