Mintu Bauri And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending their arrest in connection with Nirsa P.S. Case No.162 of 2021 instituted under Section 413, 414, 120 (B) of the Indian Penal Code, Section 30 of the Coal Mines (Nationalization) Act and Section 4/21 of the M.M.R.D. Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal mining and trade of coal for gain. It is submitted that the allegation against the petitioners is false. It is next submitted that nothing has been recovered from the possession of the petitioners. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned J.M., Dhanbad within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on petitioner No.1 depositing Rs.5,000/-(Rupees five thousand) as cash security and petitioner No.2 depositing Rs.10,000/-(Rupees ten thousand) as cash security and both of them on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Dhanbad in connection with Nirsa P.S. Case No.162 of 2021 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.