Aniket Kumar Sahu v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 379, 414
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 44. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks…
Judgment
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : : For the State Mr. Ashish Kumar, Advocate Ms. Priya Shrestha, A.P.P. ----- Order No.06 Date: 29.07.2024
The petitioner is apprehending his arrest in connection with Angara P.S. Case No.35 of 2024 registered under Sections 379/414 of the Indian Penal Code, Sections 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rules 7/11 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & 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 offence as alleged in the F.I.R. The petitioner is the owner of the seized truck (Turbo) bearing registration no.JH-01V-9630. There is alleged recovery of 200 CFT of illegal sand from the said vehicle. The petitioner has no idea as to how the said truck was found loaded with illegal sand. Otherwise also, the driver of the said truck was in control of the same at the time of the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.19 of the present anticipatory bail application. He also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.
Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail.
Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Ranchi in connection with Angara P.S. Case No.35 of 2024 subject to the conditions as laid down under Section 438(2) of Cr.P.C. Arpit (Rajesh Shankar, J.) -2- A.B.A. No.3784 of 2024
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 379, 414; Code of Criminal Procedure, 1973 — s. 438(2).
Which court decided this case, and when?
Jharkhand High Court, on 29 Jul 2024. The bench was RAJESH SHANKAR.
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.