Chandra Kant Thakur And Anr vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sidhgora P.S. Case No.68 of 2020 registered under sections 4/21 of the Mines & Mineral (Development & Regulation) Act, 1957, under section 54(5) of the Jharkhand Minor Minerals Act, 2004 and under section 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner of the three wheeler (Tempo) bearing registration no. JH05CG 7486 and the petitioner no.2 is the owner of the vehicles bearing registration nos. JH 05CP 8585 and JH05BH 2379 which were seized by police for transporting illegally excavated sand. It is further submitted that the allegation against the petitioners are all false and they have no knowledge about their vehicles being involved in any illegal activity. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.5,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Jamshedpur, in connection with Sidhgora P.S. Case No.68 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.