High CourtsSingle Bench

Niranjan Yadav @ Niranjan Kumar Yadav vs State Of Jharkhand

Jharkhand High Court · Decided on 3 November 2020 · Citation: (2020) 11 JH CK 0149

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 379, 411 · Jharkhand Mineral Prevention Of Illegal Mining, Transportation and Storage Rules, 2017 — Rule 9, 13 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 5432 Of 2020
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Judgment

21 paragraphs · 420 words

Heard 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.