Vicky Kumar @ Bicky Kumar vs State Of Jharkhand

Heard the parties through Video Conferencing.

Mr. Nagmani Tiwari, learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner, the defects pointed out by the Stamp Reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lesliganj P.S. case no. 22 of 2020 registered under Sections 414/34 of the Indian Penal Code, section 21 (4) of Mines and Minerals (Development and Regulation) Act, section 54 of JMMC Rule, 2004 and section 9 (i) & 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2007.

The learned counsel appearing for the petitioner submits that the allegations against the petitioner are that he is indulged in illegal trade of sand. It is then submitted that the allegation against the petitioner is false and the petitioner has no concern with the seized vehicle. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 16 of the anticipatory bail application. It is next submitted that the petitioner is ready to co- operate with the investigation of the case and is also ready and willing to furnish sufficient security including cash security, hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on depositing cash security of Rs. 5,000/- and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Palamau in connection with Lesliganj P.S. case no. 22 of 2020 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.