High CourtsSingle Bench

Yusuf Ansari And Anr vs State of Jharkhand

Jharkhand High Court · Decided on 13 April 2021 · Citation: (2021) 04 JH CK 0164

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 413, 414 · Indian Forest Act, 1927 — Section 33 · Coal Mines (Nationalisation) Act, 1973 — Section 30 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 1534 of 2021
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Judgment

18 paragraphs · 398 words

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 Khukhra P.S. Case No.12

of 2020 registered under sections 413/414/34 of the Indian Penal Code, Section 33 of I.F. Act and under Section 30 of Coal Mines (Nationalization)

Act.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal mining and

transportation of coal and 10-11 tons of coal was seized by police. It is further submitted that the allegations against the petitioners are all false and the

petitioners have no concern with the seized coal. It is then 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.30,000/- 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 J.M. 1st Class, Giridih, in connection with Khukhra P.S. Case No.12 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not

change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.