Niranjan Kumar And Others vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioners as well as the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Hunterganj P.S. Case No.05 of 2018, corresponding to G.R. Case No.59 of 2018, for the offence registered under sections 175, 379, 411, 414, 420, 406, 34 and 120(B) of the IPC and section 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957, pending in the court of learned Judicial Magistrate, First Class, Chatra.

Learned counsel for the petitioners submits that the petitioner no.1 is owner cum driver, petitioner no.2 is owner of another vehicle and petitioner no.3 is driver of the truck. He submits that the petitioners in all the cases have been implicated for the same offence. He submits that the petitioner no.1 has been provided privilege of anticipatory bail in A.B.A. No.1225 of 2018 in another case being Hunterganj P.S. Case No.3 of 2018 and petitioner no.2 and 3 have been provided privilege of anticipatory bail in Hunterganj P.S. Case No.1112 of 2018 arising out of Hunterganj P.S. Case No.3 of 2018. He submits that the co-accused persons have been provided privilege of anticipatory bail in A.B.A. No.1587 of 2018 arising out of the present case. He further submits that allegations are made that several vehicles were parked for loading of sand.

Learned State counsel opposed the prayer on the ground that the allegations are there and the petitioners are having criminal antecedent.

Considering that the petitioner no.1 is owner cum driver and petitioner no.2 is owner and petitioner no.3 is driver of another vehicle and 9 of the co-accused persons have been provided privilege of anticipatory bail in A.B.A. No.1587 of 2018 and further the criminal antecedent is not the only criteria for allowing or rejecting the regular bail or anticipatory bail and the allegations are made that several vehicles were parked for loading of sand, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioners.

Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Chatra, in connection with Hunterganj P.S. Case No.05 of 2018, corresponding to G.R. Case No.59 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.