Sanjay Kumar Singh And Ors vs State of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Itkhori P.S. Case No.132 of 2020 registered under sections 414/34 of the Indian Penal Code, Section 4/21 of MMDR Act, 1957 and under Rule 4/54 of Jharkhand Mining Subsidy, 2004.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners are the owner-cum-driver of the tractors which were involved in illegal mining. It is further submitted that the allegations against the petitioners are all false and are general and omnibus in nature. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 16 of the anticipatory bail application. 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. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 18.03.2021 in A.B.A. No.898 of 2021 and also by a coordinate Bench of this Court vide order dated 20.01.2021 in A.B.A. No.6826 of 2020. 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.5,000/- 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 A.C.J.M., Chatra, in connection with Itkhori P.S. Case No.132 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.