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Judgment
7 paragraphs · 328 wordsSanjay Kumar Dwivedi, J
Heard learned counsel for petitioner as well as learned counsel for State.
The petitioner is apprehending his arrest in connection with Ratu P.S. Case No.374 of 2023, for the offence registered under sections 414 of the IPC sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor Mineral Concession Rules, 2004, Rules 7 and 11 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate First Class, Ranchi.
Learned counsel for the petitioner submits that the petitioner is owner cum driver of Mahindra Tractor and the allegations are made that 100 cft sand was loaded on the said tractor. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.15. He further submits that co-accused persons have been provided privilege of anticipatory bail in A.B.A. No.10690 of 2023, A.B.A. No.10736 of 2023, A.B.A. No.80 of 2024 and A.B.A. No.148 of 2024.
Learned State counsel opposed the prayer on the ground that illegally the sand was being carried.
Considering that the petitioner is owner cum driver and he has got no criminal antecedent and the co-accused persons have been provided privilege of anticipatory bail in the aforesaid ABAs, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.
Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class, Ranchi, in connection with Ratu P.S. Case No.374 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.