High CourtsSingle Bench

Farid Ansari vs State Of Jharkhand

Jharkhand High Court · Decided on 12 July 2023 · Citation: (2023) 07 JH CK 0017

HON’BLE JUDGES
Ambuj Nath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 414 · 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. 1857 Of 2023
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Judgment

6 paragraphs · 285 words

Ambuj Nath, J

1.

Heard the parties.

2.

Petitioner is apprehending his arrest in connection with Govindpur P.S. Case No. 396/2022 for the offences registered under sections 414/34 of the Indian Penal Code and sections 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, pending in the court of Sri Rajeev Tripathi, learned Judicial Magistrate, Dhanbad.

3.

On 2.11.2022 between 12.30 to 2.45 noon, Govindpur Police raided a coal depot at Kandra Industrial Area and seized about 150 tonnes of coal. Owner of the depot Dharmraj Singh was apprehended. One JCB bearing registration no. JH-2263/0925535 was also seized from there. It is alleged that JCB was used for loading coal on trucks. Petitioner is the owner of the JCB.

4.

It was submitted that the owner of the depot had hired JCB for his use and petitioner was not aware that his JCB was being used for illegal purposes. It further appears that the petitioner has got no criminal antecedent and this fact has been stated at para-19 of this anticipatory bail application.

5.

Considering the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/-(Rupees twenty five thousand) with two sureties of the like amount each, to the satisfaction of Sri Rajeev Tripathi, learned Judicial Magistrate, Dhanbad in connection with Govindpur P.S. Case No. 396/2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.