Mukesh Yadav vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Basantrai P.S. Case No.49 of 2021 instituted under Sections 147, 148, 149, 379, 341, 323, 332, 333, 353 of

the Indian Penal Code, Section 4/54 of Jharkhand Minor Mineral Concession Rule (as amended) and Section 9/13 of the Jharkhand Minerals

(Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner, being the member of an unlawful

assembly, forcibly snatched away the tractors from police force using criminal force against the police personnel. It is submitted that the allegation

against the petitioner is false. Drawing attention of this Court towards para-15 of the instant bail application, learned counsel for the petitioner submits

that the petitioner has no criminal antecedent. It is also submitted that the co-accused, with similar allegations, has already been given the privileges of

anticipatory bail by this Court vide order dated 16.08.2021 passed in A.B.A. No.5368 of 2021. Drawing attention of this Court towards the order dated

16.08.2021 passed in A.B.A. No.5368 of 2021, learned counsel for the petitioner submits that the tractor in question has since been recovered by the

police. It is lastly submitted that the petitioner is 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 petitioner be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges

of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M.-1st Class, Godda within six weeks

from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) as cash security

and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st

Class, Godda in connection with Basantrai P.S. Case No.49 of 2021 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 further conditions as laid down under Section 438(2) of the

Code of Criminal Procedure.