High CourtsSingle Bench

Kapildeo Kumar And Ors vs State of Jharkhand

Jharkhand High Court · Decided on 28 May 2021 · Citation: (2021) 05 JH CK 0028

HON’BLE JUDGES
Rajesh Kumar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 188, 413, 414 · Mines and Minerals (Development and Regulation) Act, 1957 — Section 21 · Jharkhand Minor Mineral Concession Rules, 2004 — Rule 54 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A. B. A. No. 3669 of 2020
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Judgment

13 paragraphs · 285 words

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jasidih P.S. Case No. 227

of 2020 for the offence under Sections 188/413/414/34 of the Indian Penal Code, Section 21 of MMDR Act and Section 54 of JMMC Rule, 2004 and

is pending in the Court of learned Chief Judicial Magistrate, Deoghar.

It has been submitted by the learned counsel for the petitioners that these petitioners are drivers and sand loaded trucks have been seized. It has been

alleged that sand was being illegally transported. It has been further submitted that owner of the trucks namely Laxman Choudhary has already been

granted anticipatory bail by the Co-ordinate Bench of this Court in A. B.A. No. 4875 of 2020 vide order dated 12.10.2020.

Learned A. P. P. has opposed the prayer.

Considering the material available on records and the fact that owner of the trucks has already been granted anticipatory bail, the petitioners are

granted 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 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

of learned Chief Judicial Magistrate, Deoghar, in connection with Jasidih P.S. Case No. 227 of 2020 subject to the conditions as laid down under

section 438 (2) Cr. P.C. and also subject to the condition that the petitioners shall show receipt of payment of Rs. 5,000/- (Five thousand) each in

favour of the Advocate Clerks' Association, Jharkhand High Court, Ranchi, before the learned court below prior to their release.