Radhey Shyam Swarnkar And Anr vs State of Jharkhand

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality.

Apprehending their arrest, petitioners have filed the instant application for grant of anticipatory bail in connection with Nawalshahi P.S. Case No. 57 of 2019, for the offences under Sections 379/34 of the I.P.C., Sections 4 and 54 of J.M.M.C Rules, 2004 and Rules 7,9, and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

Mr. Shree Niwas Roy, learned counsel appearing for the petitioners submits that the entire allegations made against in the F.I.R. are false and concocted. The petitioner No. 1 was the owner of the vehicle bearing Reg. No. JH-02AB-6818 and petitioner No. 2 was the driver of the said vehicle and they have been named in the FIR only on suspicion. The petitioners have no concern with the illegal transportation of boulders and not chit of paper has been produced to connect the petitioners with the alleged occurrence. As such, the petitioners may be granted the privilege of anticipatory bail.

Mr. Shailendra Kumar Tiwary, learned counsel appearing for the opposite party-State vehemently opposes the contention of the learned counsel for the petitioners.

In the facts and circumstances, I am inclined to enlarge the petitioner on bail.

Hence, in the event of arrest by the police or surrender before the Court below within a period of four weeks from today, the petitioners named above shall be enlarged on bail on depositing demand drafts of Rs.4000/- each before the Mining Department, Govt. of Jharkhand, Ranchi as compensation and on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Koderma, in connection with Nawalshahi P.S. Case No. 57 of 2019, subject to fulfillment of the condition as laid down under Section 438 (2) Cr.P.C. and upon perusal of the receipt showing deposited compensation amount by the petitioners.