Dilip Koiri vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard learned counsel for the parties.

Apprehending his arrest in connection with Bundu P.S. Case No. 84 of 2022 instituted under Rules 4/54 of Jharkhand Minor Mineral Concession Rule and under Sections 4/21 of Mines & Mineral (Development & Regulation) Act and under Sections 7/11/13 of Prevention of Illegal Mining (Transportation and Storage) Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per F.I.R. allegation is that petitioner is the driver of the seized vehicle bearing Reg. No.JH-01 CU 8219 which was found indulged in illegal transportation of 150 cft. sand without valid transport challan and other documents.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Petitioner has no criminal antecedent. Other co-accused with similar allegation has already been extended anticipatory bail by this Court in A.B.A. No.11793 of 2022, A.B.A. No. 3702 of 2023 and A.B.A. No. 11774 of 2022 vide orders dated 06.02.2023, 22.06.2023 and 24.04.2023 respectively. It is further submitted that petitioner undertakes to cooperate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C. at Ranchi in connection with Bundu P.S. Case No. 84 of 2022 with the condition that he will cooperate 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.