Rahul Kumar And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over. In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Godda (M) P.S. Case No.291 of 2020 registered under sections 379/411 of the Indian Penal Code, Section 4/54 of Jharkhand Minor Minerals Concessions Rules, 2004 and Rules 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners are owners of the tractors which were seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioners are all false and the petitioners have no knowledge about their vehicles being involved in any illegal activity. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Godda, in connection with Godda (M) P.S. Case No.291 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.