Babulal Marandi v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR For the Petitioners For the State --------- : Mr. Aashish Kumar, Advocate : Mr. Pankaj Kumar, P.P --------- 04/Dated: 31 st January, 2024

Heard learned counsel for the applicants and learned counsel for the State.

Apprehending their arrest, the applicants, have approached this Court for grant of privilege of anticipatory bail, in connection with Poraiyahat P.S. Case No.47 of 2023, registered for the offence under Sections 379/ 411/ 34 of the Indian Penal Code, Rules, 4/ 54 of the Jharkhand Minor Mineral Concession Rules, Rules 9/ 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rule.

Innocence of the applicants has been claimed and undertaking has been given for co-operating with the investigating agency and participation in the trial. It has been submitted that the applicant Nos.1 & 2 are the owner and driver, of the seized tractor, respectively, which was loaded with 100 cft sand. It has further been submitted that the occurrence is of dated 21.02.2023 while the seizure list has been prepared on 01.03.2023. On the above basis, prayer for anticipatory bail has been made.

Learned counsel for the State has opposed the prayer for anticipatory bail.

Considering the above facts, I am inclined to grant the privilege of anticipatory bail to the applicants. Accordingly, the applicants are directed to surrender in the court below within four weeks from today and in the event of their arrest or surrender, the court below shall enlarge the applicants on bail on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Godda in connection with Poraiyahat P.S. Case No.47 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further, these applicants will submit self-attested photocopy of their Aadhaar Card and also submit their mobile number before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court. Chandan/- (Rajesh Kumar, J.)