Satyendar Rai @ Satyendra Kumar Roy vs State of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Nimiyaghat P.S. Case No. 40 of 2020 corresponding to G.R. No. 577 of 2020 instituted under Sections

279, 414/34 of the Indian Penal Code and Section 30(ii) of Coal Mines Act and Section 33 of I.F. Act, 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 was instrumental in transportation of

stolen coal by different vehicles. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not concerned

with seized coal nor the vehicles. Drawing attention of this Court towards para-3 of the supplementary affidavit, learned counsel for the petitioner

submits that the petitioner has no criminal antecedent. 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, Giridih within six weeks from today and in the

event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.30,000/-(Rupees thrity 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, Giridih in

connection with Nimiyaghat P.S. Case No. 40 of 2020 corresponding to G.R. No. 577 of 2020 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 subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure.