Dilip Kumar Gorain v. The State of Jharkhand

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ ----- For the Petitioner : M/s. S. P. Sinha, Advocate For the State : M/s. Pankaj Kumar, .P.P --- 04/10.04.2023 Heard the Parties. Petitioner is apprehending his arrest in connection with Tisra P. S. Case No. 66/2022, registered under Sections 411/34 of the Indian Penal Code, Rules 09/ 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and storage) Rules, 2017 and Rules 04/ 21 Mines and Minerals Development and Regulation Act, 1957, pending in the Court of Ms. Santoshini Murmu, learned J.M.F.C., Dhanbad. Petitioner is the owner of a motorcycle bearing registration number WB-56-G-8506 which was parked near a dump of coal at a public place. It was suspected that the coal was brought on his motorcycle. Learned lawyer for the petitioner submitted that the petitioner has been made accused only on the basis of suspicion and petitioner has got no criminal antecedent and this fact has been mentioned at paragraph-9 of the anticipatory bail application. Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to the petitioner. He is directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of Ms. Santoshini Murmu, learned J.M.F.C., Dhanbad or her successor in connection with Tisra P. S. Case No. 66/2022, Subject to the conditions as laid down under Section 438 (2) Cr.P.C. Saurabh (Ambuj Nath, J.)