High CourtsSingle Bench

Binay Ram @ Binay Kumar Ram vs State Of Jharkhand

Jharkhand High Court · Decided on 16 August 2021 · Citation: (2021) 08 JH CK 0034

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Jharkhand Minor Mineral Concession Rules, 2004 — Rule 4, 30, 31, 32, 54 · Indian Penal Code, 1860 — Section 379 · Mines And Minerals (Development And Regulation) Act, 1957 — Section 4, 21 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5508 Of 2021
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Judgment

20 paragraphs · 382 words

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Macluskiganj P.S. Case No. 19 of 2021 instituted under Sections 379 of the Indian Penal Code and Section

4/21 of Mines and Minerals(Development and Regulation) Act and Section 4/30/ 31/ 32/ 54 of JMMC Rule, 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 was manufacturing bricks by

extracting minerals without permission of the government in a violation of the law. It is submitted that the allegation against the petitioner is false. It is

lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to deposit Rs.50,000/- with

Deputy Commissioner, Ranchi without prejudice to his defence in this case subject to final decision of this case. Hence, it is submitted that the

petitioner be given the privileges of anticipatory bail.

Learned Spl.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 within eight weeks from today and in the event of his arrest or

surrendering, the petitioner will be enlarged on bail on showing proof of depositing Rs.50,000/- with Deputy Commissioner, Ranchi without prejudice to

his defence in this case 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 SDJM, Ranchi in connection with Macluskiganj P.S. Case No. 19 of 2021 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 subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits Rs.50,000/- with Deputy Commissioner, Ranchi, learned court below will pass an appropriate order regarding the same

at the time of conclusion of trial.