Satish Oraon vs State Of Jharkhand

Arun Kumar Rai, J

Heard the parties.

This bail application under Section 438 Cr.P.C. has been preferred by the petitioner apprehending his arrest in connection with Palkot P.S. Case No.18/2024, for the offences registered under Sections 379/411 of the Indian Penal Code, Section 21(6) Mines Mineral (Development and Regulation) Act, 1957, Rule 4/54 of the Jharkhand Minor Mineral Concession Rule, 2004 and Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017. The case is pending in the Court of learned Additional Chief Judicial Magistrate, Gumla.

Submission has been made by learned counsel for the petitioner that the petitioner is driver-cum-owner of the Tractor Mahindra Red Colored B275 DI having Engine No.RKH2DBN9757, Chassis No.MBNAAADAPKRH04663. He further submitted that the petitioner has been falsely implicated in this case for the reason best known to the police officials.

Learned A.P.P. for the State pointed out that at the time of seizure there was no registration number displayed on the Tractor which would clearly show the evil design of petitioner and on this premise, the anticipatory bail of the petitioner has been opposed.

Perused the contents of F.I.R. and Lower Court’s order.

Considering the aforesaid facts, so also the fact that alleged recovery has already been affected, this Court finds it a fit case to release the petitioner on anticipatory bail.

Accordingly, the petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Palkot P.S. Case No.18/2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.