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Judgment
7 paragraphs · 378 wordsPradeep Kumar Srivastava, J
Heard learned counsel for the parties.
Apprehending his arrest in connection with Karra P.S. Case No. 24 of 2024, instituted under Section 414 of the Indian Penal Code, Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of the Jharkhand Minor Minerals Concessions Rules, 2004 and 7, 9, 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation & Storage) Rule, 2017, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R., the allegation is that the Hywa truck of the petitioner was indulged in illegal transportation of 700 CFT sand.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner is owner of the Hywa bearing registration no. JH-01-DB-7194. It is further submitted that petitioner has no criminal antecedent. It is further submitted that co-accused Tanweer Khan has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 15.05.2024 passed in A.B.A. No. 2459 of 2024 and the case of the petitioner stands on similar footing. Petitioner has complied with the notice issued under Section 41A of the Cr.P.C. and participating in the investigation. Hence, petitioner may be granted privilege of anticipatory bail.
On the other hand, learned Addl.P.P. appearing for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against the petitioner and the materials available on the record and also the fact that co-accused has been granted anticipatory bail by the Co-ordinate Bench of this Court, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khunti in connection with Karra P.S. Case No. 24 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.