Pintu Kumar Yadav vs State Of Jharkhand

Ambuj Nath, J

Heard the parties.

Petitioner is apprehending his arrest in connection with Nawabazar P.S. Case No. 12/2023 for the offences registered under sections 414/420/34 of the Indian Penal Code, Section 21 of M.M.D.R. Act, 1957, Section 54 of J.M.M.C Rules, 2004 and sections 9 (i) and 13(i) of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of Miss Apekchha, learned Judicial Magistrate, Palamau.

Petitioner is the owner-cum-driver of the truck bearing registration no. JH 12K 7815 which was seized by the District Mining Officer, Medninagar, Palamu along with several other trucks loaded with 700 cft. of stone chips.

It was submitted that the petitioner was transporting the seized stone chips bonafidely, as it was loaded from the crusher along with several trucks and at the instance of the owner of the crusher, he was waiting for challan when the raid was conducted and vehicle was seized. Criminal antecedent report of the petitioner, earlier called for, has been received. It appears that the petitioner has got no criminal antecedent. It also appears that on the similar ground, co-accused Umesh Kumar Yadav has been granted anticipatory bail vide A.B.A. No. 3740/2023.

Considering the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/-(Rupees twenty five thousand) with two sureties of the like amount each, to the satisfaction of Miss Apekchha, learned Judicial Magistrate, Palamau in connection with Nawabazar P.S. Case No. 12/2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.