Surendra Kumar Sah, Jaikant Singh vs Smt. Siyamani Sharma

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dumka(M) P.S. Case No.

22 of 2018 (G.R. No. 171 of 2018) registered under Sections 414,420,34 of the Indian Penal Code, Rules 4, 54(i) of the Jharkhand Minor Minerals

Concession Rules and Rule 54(i) of the Jharkhand Minor Mineral Concession (Amendment) Rules.Â

Heard the parties.

Learned counsel for the petitioners submits that petitioner no.1 is the owner of the truck bearing Registration No. BR-10GA6553 and petitioner no. 2

is the driver, which was seized by the police while transporting illegally lifted sand. It is submitted that the petitioners are innocent and have falsely

been implicated in the alleged offence and the petitioners had no knowledge that the sand was being transported illegally. It is also submitted that the

petitioners have no criminal antecedent as mentioned in paragraph18 of the application and the petitioners are ready and willing to furnish sufficient

security including cash security. Therefore, it is submitted that the petitioners may be given the privilege of anticipatory bail.Â

However, learned Addl. P.P. opposes the prayer for anticipatory bail.Â

Considering the submissions of the counsel and the fact as discussed above, I am of the opinion that this is a fit case where the petitioners, named

above, be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this

order, they shall be released on bail on depositing Rs.5,000/- each as cash security and furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand)

each with two sureties of the like amount each to the satisfaction of learned C.J.M., Dumka, in connection with Dumka (M) P.S. Case No. 22 of 2018

(G.R. No. 171 of 2018), subject to the conditions laid down under section 438 (2) Cr. P.C.  Â