Tikaram Mahto v. State of Jharkhand

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : : For the State Mr. Birendra Kumar, Advocate Prabir Kr. Chatterjee, A.P.P. ----- Order No.03 Date: 09.07.2024

The petitioner is apprehending his arrest in connection with Silli P.S. Case No.14 of 2024 registered under Section 379, 414 of the Indian Penal Code, Section 4/21 of Mines and Minerals (Regulation and Development) Act, 1957, Section 54 of Jharkhand Minor Minerals Concession Rules, 2004 and Section 3, 9, 13, 17 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offences as alleged in the F.I.R. The petitioner is the registered owner of the tractor in question in which 80 CFT of sand was allegedly found by the Circle Inspector, Silli along with police officials. The petitioner had no knowledge that co-accused Shashi Munda-driver of the said tractor was carrying illegally extracted sand in the said tractor. Under the said circumstance, the petitioner may be given the privilege of anticipatory bail.

Learned Special P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

Having heard learned counsel for the parties, I am inclined to enlarge the petitioner on anticipatory bail. The petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ranchi in connection with Silli P.S. Case No.14 of 2024 subject to the conditions as laid down under Section 438(2) of Cr.P.C Vikas (Rajesh Shankar, J.) -2-