Mojamil Khan vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bharno P.S. Case No.07 of

2020 registered under sections 188/ 379/411/34 of the Indian Penal Code, 4/54 of Jharkhand Minor Mineral Concession Rule, 2004 and under Section

13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of turbo vehicle which was

seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioner are all false. It is next

submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 16 of the anticipatory bail application. It is then

submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the investigation

of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of

anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with

two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gumla, in connection with Bharno P.S. Case No.07 of 2020 with the

condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish

his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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.