High CourtsSingle Bench

Ratan Kumar Pandit vs State Of Jharkhand

Jharkhand High Court · Decided on 4 August 2021 · Citation: (2021) 08 JH CK 0018

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 379, 411 · Jharkhand Minor Mineral Concession) Rules, 2004 — Section 4, 54 · Jharkhand Minerals (Prevention Of Illegal Mining, Transportation And Storage) Rules, 2017 — Section 13 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5046 Of 2021
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Judgment

19 paragraphs · 374 words

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Sisai P.S. Case No.09 of 2021 instituted under Sections 379, 411 of the Indian Penal Code, Section 4/54 of

J.M.M.C.R. Rule, 2004 and Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, the petitioner has

moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of a Hywa vehicle

which was involved in illegal excavation of sand. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court

towards para-12 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next

submitted that the petitioner had no knowledge about his vehicle being involved in any illegal activity. It is lastly submitted that the petitioner is ready

and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the

petitioner be given the privileges of anticipatory bail.

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

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

the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M.-1st Class, Gumla within six weeks from today and in the

event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/-(Rupees twenty 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 J.M.-1st Class, Gumla in

connection with Sisai P.S. Case No.09 of 2021 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 further conditions as laid down under Section 438(2) of the Code of Criminal

Procedure.