Nitay Kumbhakar And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

 Learned counsel for the petitioners personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioners the defects pointed out by the Stamp Reporter are ignored for the

present.

Apprehending their arrest in connection with Tisra P.S. Case No.33 of 2021 instituted under Section 414 and 34 of the Indian Penal Code and Section

30 of the Coal Mines (Nationalization) Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in transportation of

illegally excavated coal on their cycles. It is submitted that the allegation against the petitioners is false. It is further submitted that the petitioners are

ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash securityand co-accused with similar

allegations have already been granted privilege of anticipatory bail by this court vide order dated 16.08.2021 passed in ABA no. 5379 of 2021, hence, it

is submitted that the petitioners be given the privileges of anticipatory bail.

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

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

the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned J.M.-1st Class, Dhanbad within six weeks from today and

in the event of their arrest or surrendering, the petitioner nos. 1 and 2 will be enlarged on bail on depositing Rs.2,000/-each, the petitioner no. 3 will be

enlarged on bail on depositing Rs. 4,000/- and the petitioner no. 4 will be enlarged on bail on depositing Rs. 10,000/-as cash security and on their

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

Dhanbad in connection with Tisra P.S. Case No.33 of 2021 with the condition that they will co-operate with the investigation of the case and appear

before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking

that they will not change their 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.