Basudeo Yadav v. State of Jharkhand

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ : : ------ 02/ 04.03.2024 Heard Mr. Manish Yadav, learned counsel appearing for the Mr. Manish Yadav, Advocate. Mrs. Ruby Pandey, A.P.P. For the Petitioner For the State petitioner and Mrs. Ruby Pandey, learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Mohanpur P.S. Case No. 203 of 2023, for the alleged offences under Sections 379 and 414 of the Indian Penal Code, Rule 4/54 of the JMMC Rules 2004, Sections 4/21 of the MMDR Act, 1957 and Section 15 of the Environment Protection Act, pending in the court of learned S.D.J.M., Deoghar.

Learned counsel appearing for the petitioner submits that the petitioner is the owner of the tractor in question and the allegations are made of carrying the illegal sand, however, in the seizure list, the quantity of the sand was not disclosed.

Learned A.P.P. for the State has opposed the prayer on the ground that illegally the sand was being transported on the said tractor.

Considering that the petitioner is the owner of the tractor in question and in the seizure list, the quantity of the sand has not been disclosed and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Deoghar, in connection with Mohanpur P.S. Case No. 203 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Amitesh/- (Sanjay Kumar Dwivedi, J.)