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Judgment
21 paragraphs · 420 wordsHeard the parties through video conferencing. Mr. Randhir Kumar- learned counsel for the petitioner undertakes to remove the defects pointed out by
the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
Apprehending his arrest in connection with Godda (M) P.S. Case No.141 of 2020 instituted under Section 379, 411 of the Indian Penal Code, Section
04, 54 of Jharkhand Minor Minerals Concession Rules, 2004 and Rules 9, 13 of Jharkhand Mineral Prevention of Illegal Mining, Transportation and
Storage Rules, 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 is the owner of the tractor bearing
registration No. JH 17J 3666 which was involved in illegal excavation of sand. It is submitted that the allegation against the petitioner is false. It is then
submitted that the petitioner had no knowledge about his vehicle being involved in any illegal activity. 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 A.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 Chief Judicial Magistrate, 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 Chief Judicial
Magistrate, Godda in connection with Godda (M) P.S. Case No.141 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.
