High CourtsSingle Bench

Parvej Alam @ Parwej Alam vs State Of Jharkhand

Jharkhand High Court · Decided on 19 April 2021 · Citation: (2021) 04 JH CK 0205

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 414 · Coal Mines (Nationalisation) Act, 1973 — Section 30(ii) · Indian Forest Act, 1927 — Section 33 · Mines And Minerals (Development And Regulation) Act, 1957 — Section 21
RESULT
Allowed
CASE NUMBER
A.B.A. No. 1629 Of 2021
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Judgment

17 paragraphs · 402 words

The matter is taken up through video conferencing. No one turns up on behalf of the parties.

The petitioner is directed to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

Apprehending his arrest in connection with Hazaribagh Muffasil P.S. Case No. 309 of 2020 instituted under Sections 414/34 of the Indian Penal Code

and Section 30(ii) of Coal Mines Act, Section 33 of Indian Forest Act, Section 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation

& Storage) Rules, 2017 and Section 21 of M.M.D.R. Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Perusal of the record reveals that the allegation against the petitioner is that the petitioner is the owner of the truck which was involved in illegal

transportation of 24 tons of coal. It has been averred in the anticipatory bail application that the allegation against the petitioner is false and in para-4 of

the supplementary affidavit, it has been mentioned that the petitioner has no criminal antecedent. Perusal of the record reveals that it has been averred

by the petitioner that the petitioner is ready and willing to abide by any terms and condition imposed upon him and he undertakes to co-operate with the

investigation of the case and to furnish sufficient security including cash security hence, the petitioner be given the privileges of anticipatory bail.

Considering the aforesaid facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed

to surrender in the Court of learned C.J.M., Hazaribagh within six weeks from today and in the event of his arrest or surrendering, he will be enlarged

on bail on depositing Rs.24,000/-(Rupees twenty four 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 C.J.M., Hazaribagh in connection with Hazaribagh Muffasil P.S. Case No. 309

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.