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Judgment
Heard learned counsel for the petitioners and the learned A.P.P for the State.
Petitioners seek anticipatory bail in terms of Section 438 of the Cr.P.C in connection with Argora P.S. Case No. 277/2020 for the offence under sections 4/21 of Mines and Minerals Rules, 1957, section 54 of J.M.M.C.R, Rule 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and pending before the Court of Sri A.K. Guria, learned Judicial Magistrate, Ranchi.
Learned counsel for the petitioners submits that on allegation of storage of small quantity of 300 cft of sand by the petitioner no. 1 and 200 cft of sand and 300 cft of stone chips by the petitioner no. 2 at open place near Haj House under Argora P.S., petitioners and other persons have been made accused under the aforesaid provisions. Other co-accused Fakhrey Alam has been granted anticipatory bail in A.B.A. No. 1052/2021 by order dated 23.03.2021 passed by a Coordinate Bench of this Court with a condition of deposit of cash security of Rs. 5,000/-. Petitioners have no criminal antecedent.
Learned A.P.P has opposed the prayer.
Having considered the submissions of learned counsel for the parties and in the facts and circumstances noted above and that the co-accused has been granted anticipatory bail by a Coordinate Bench of this Court, I am inclined to grant anticipatory bail to the petitioners. Accordingly, petitioners above named, in the event of their surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Guria, learned Judicial Magistrate, Ranchi, in connection with Argora P.S. Case No. 277/2020, subject to deposit of cash security of Rs. 5,000/- each in the court below and other conditions as laid down under Section 438(2) of Cr.P.C.
Petitioners shall cooperate in the investigation and will appear before the Investigating Officer as and when noticed by him and furnish their Mobile numbers and photocopy of Aadhar Card with an undertaking that they will not change their mobile number during pendency of the case.