Chotu Prasad Agarwal @ Chotu Prasad Agrawal v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 379, 414
- Code of Criminal Procedure, 1973 ss. 41(A), 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 Kr. Thakur, Advocate Ms. Anuradha Sahay, A.P.P. Order No.04 Date: 24.07.2024 -----
The petitioner is apprehending his arrest in connection with Silli P.S. Case No.37 of 2024 registered under Sections 379/414/34 of the Indian Penal Code, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, Rules 3/9/13/17 of the Jharkhand Minerals (Prevention Illegal Mining, Transportation and Storage) Rules, 2017 and Sections 4/21 of the Mines and Minerals (Development and Regulation) Act,
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 trucks (Hywa) bearing registration nos. JH-02AW-2789 and BR-02GC-3285. There is alleged recovery of 600 CFT of illegal sand from each truck. The petitioner is completely unaware as to how the said trucks were apprehended loaded with the said illegal sand. Otherwise also, the drivers of the said trucks were 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. 23 of the present application. Till filing of the present anticipatory bail application, no notice under Section 41(A) of the Cr.P.C. issued to the petitioner. 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, Ranchi in connection with Silli P.S. Case No.37 of 2024 subject to the conditions as laid down under Section 438(2) of Cr.P.C. Vikas (Rajesh Shankar, J.) -2- A.B.A. No.3866 of 2024
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 379, 414; Code of Criminal Procedure, 1973 — ss. 41(A), 438(2).
Which court decided this case, and when?
Jharkhand High Court, on 24 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.