Rajmohan Oraon v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioner : Mr. Anil Kumar, Advocate For the State : Mr. Satish Prasad, A.P.P. ….. Order No.04/ Dated:08.09.2023

#1. Heard learned counsel for the parties.

#2. Apprehending his arrest in connection with Lohardaga P.S. Case No. 78 of 2023 instituted under Sections 414/ 34 of the Indian Penal Code and Section 54 of Jharkhand Minor Minerals and Concession, Rules, 2004, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

#3. As per F.I.R, there is allegation of illegal transportation of 60 cft. sand from the tractor attached with trolley which was without number plate.

#4. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner is the driver of the said tractor. Petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

#5. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

#6. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged 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 C.J.M., Lohardaga in connection with Lohardaga P.S. Case No. 78 of 2023 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. R.K/ (Pradeep Kumar Srivastava, J.)