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Judgment
Ambuj Nath, J
Mr. Shailesh, learned lawyer appearing on behalf of the petitioners, seeks permission to withdraw the anticipatory bail application of the petitioner no. 1-Md. Shakil Khan @ Shakil Khan.
Prayer is allowed.
Accordingly, anticipatory bail application of the petitioner no. 1 – Md. Shakil Khan @ Shakil Khan is dismissed as withdrawn.
Heard the parties.
Petitioner No. 2 – Dil Mohammad Ansari is apprehending his arrest in connection with Govindpur P.S. Case No. 360 of 2023 for the offences registered under sections 414/34 of the Indian Penal Code, section 4/21 of M.M.D.R. Act, Section 9/13 of Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2017 and section 54 of J.M.M.C Rules, 2004, pending in the court of Sri Rajiv Tripathi, learned J.M.F.C., Dhanbad.
Petitioner No. 2 appears to be the owner of the truck bearing registration no. JH 10AJ 5029, which was seized by the Mining Inspector, Dhanbad on 08.11.2023 loaded with 600 Cft of sand.
It was submitted that the driver of the vehicle without the consent and knowledge of the petitioner was transporting the seized sand. It was further submitted that the petitioner has got no criminal antecedent and this fact has been stated at paragraph-9 of this anticipatory bail application.
Considering the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner no. 2. Accordingly, Petitioner No. 2 – Dil Mohammad Ansari 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 Rajiv Tripathi, learned J.M.F.C., Dhanbad in connection with Govindpur P.S. Case No. 360 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.