Dharmendra Singh @ Dharmendra Kumar Singh And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest in connection with Daltonganj Town P.S. Case No.66 of 2020 instituted under Sections 379/411 of the Indian Penal Code, Section 21 (4) of the Mines and Minerals (Development and Regulations) Act, 1957; Section 54 of Jharkhand Mines and Minerals Concession Rule, 2004 and Section 9(i) & 13 of The Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that allegation against the petitioners is that the petitioners are respectively the driver and owner of the tractor bearing registration No. JH 03Z 5687 which was involved in transportation of illegally excavated sand. It is submitted that all the allegations against the petitioners is false. Drawing attention of this Court towards para-3 of the supplementary affidavit, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Palamau at Daltonganj within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Daltonganj Town P.S. Case No.66 of 2020 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they 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.