Sharwan Kumar @ Sharwan Mandal And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Borio (J) P.S. Case No.206 of 2020 registered under sections 175/ 379/414/34 of the Indian Penal Code and under section 54 of the Jharkhand Minor Mineral Concession Rules, 2004.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in smuggling of sand. It is further submitted that the allegation against the petitioners are all false and the petitioners have no criminal antecedent as has been mentioned in paragraph no. 15 of the anticipatory bail application. It is then submitted that the petitioners have been implicated in this case on the basis of surmises and presumption and they have no concern with the seized vehicle. It is next 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. 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 S.D.J.M., Sahibganj, in connection with Borio (J) P.S. Case No.206 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 number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.