Santosh Kumar Bhagat vs State Of Jharkhand

Learned senior counsel for the petitioner submits that surviving defect no. 9(i) relating to Post Office of the petitioner in the Vakalatnama may be

ignored since post office has been indicated in the main petition. Accordingly, it is ignored.

Heard learned senior counsel for the petitioner and learned A.P.P for the State. Petitioner seeks anticipatory bail in terms of Section 438 of Cr.P.C in

connection with Rajmahal P.S. Case No. 275 of 2020 instituted under Sections 379/420/34 of Indian Penal Code, Section 54 of Jharkhand Minor

Mineral Concessions Rules, 2004 and Section 13 of Jharkhand (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the

court of Sub-Divisional Judicial Magistrate, Rajmahal.

Learned senior counsel for the petitioner submits that petitioner has been implicated only on the basis of confessional statement of one Jalalam Seikh,

co- accused. As per the F.I.R out of 249 Challans seized from the Manihari Ghat about 30 Challans were found to be fake. Petitioner is neither owner

of any vehicles used for transportation of such sand nor connected with the Challans. Other co-accused persons, namely, Pritam Kumar Roy, Arun

Kumar Saha, Safique Alam and Ait Badhai have been granted privilege of anticipatory bail by a Coordinate Bench of this Court vide orders dated

07.10.2020; 08.10.2020; 13.10.2020 passed in A.B.A. No. 4727 of 2020, A.B.A No. 4738 of 2020 and A.B.A. No. 4934 of 2020 respectively

(Annexure- 3, 4 and 5). They were the owners of the vehicle in relation to the seized Challans. However petitioner who has no connection with fake

seized Challans and has been named only on the confessional statement of the co-accused may be granted anticipatory bail, otherwise he may suffer

unnecessary incarceration. Learned senior counsel for the petitioner further submits that petitioner has no criminal antecedent.

Learned A.P.P for the State has opposed the prayer. However, she does not dispute that petitioner's name has transpired on the basis of confessional

statement of co-accused, Jalalam Seikh.

Having regard to the aforesaid facts and circumstances and upon consideration of the submission of learned counsel for the parties, since the name of

the petitioner has transpired on the basis of confessional statement of co-accused, I am inclined to grant the privilege of anticipatory bail to this

petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within a period of 4 weeks, shall be released on bail on

furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial

Magistrate, Rajmahal in connection with Rajmahal P. S. Case No. 275 of 2020, subject to the condition as laid down under Section 438(2) of Cr.P.C.

Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile phone number without permission of

the trial court.