Manu Rana @ Abhimanyu Kumar Rana v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 414
- Coal Mines Act s. 30(ii)
- Indian Forest Act s. 33
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 55. Considering that so far as case is concerned, the petitioner is neither the owner nor the driver of the truck in question, on which, 4 ton coal was loaded and only on the basis of suspicion the name of the petitioner has come and…
Judgment
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ : : ------ 04/ 29.04.2024 Heard learned counsel appearing for the petitioner and learned Mr. K.S. Nanda, Advocate. Mr. Shailesh Kumar Sinha, A.P.P. For the Petitioner For the State A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Katkamdag P.S. Case No. 67 of 2022, for the alleged offences under Sections 414 and 34 of the Indian Penal Code, Section 30(ii) of Coal Mines Act, Section 33 of the Indian Forest Act and Rule-54 of Jharkhand Minor Mineral Concession Rules, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribag.
Learned counsel appearing for the petitioner submits that the petitioner is neither the owner nor the driver of the truck in question and the allegation is there that 4 ton coal was loaded on the vehicle in question. He submits that only on the basis of suspicion, the petitioner has been made accused in the present case. He further submits that there are criminal antecedents against the petitioner.
Learned A.P.P. for the State has opposed the prayer on the ground that there are criminal antecedents against the petitioner.
Considering that so far as case is concerned, the petitioner is neither the owner nor the driver of the truck in question, on which, 4 ton coal was loaded and only on the basis of suspicion the name of the petitioner has come and further the criminal antecedent is not the only criteria to reject the anticipatory bail petition 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 Judicial Magistrate, 1st Class, Hazaribag, in connection with Katkamdag P.S. Case No. 67 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Amitesh/- (Sanjay Kumar Dwivedi, J.) -1-
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.