Pradip Chaudhari v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner For the State : Mr. Kripa Shankar Nanda, Advocate : Mr. Veervijay Pradhan, Addl.P.P ------ Order No.04 Dated- 29.08.2022 ------ Heard learned counsel for the parties. Apprehending his arrest in connection with Basia P.S. Case No. 35 of 2022 instituted under Sections 379 of the Indian Penal Code and Rule 4/54 of JMMC Rule,2004 and Rule 7/13 of JMPIMTS Rule, 2017 the petitioner has moved this Court for grant of privilege of anticipatory bail. It is alleged that the petitioner is the owner of the tractor bearing Reg. No.Jh-07E-6879 which was involved in transportation of stolen stone causing huge revenue loss to the State Government. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in the FIR. It is next submitted that there is no theft report regarding the seized stone and has not violated the provisions under Jharkhand Minor Mineral Concession and Jharkhand Minerals (prevention of Illegal Mining, Transportation and Storage) Rule and section 379 of IPC is not applicable in this case.

It is further submitted that no quantity of stone has been mentioned either in the seizure list or in the FIR which has been recovered and seized from the said tractor. In case of his arrest at the hands of police, petitioner shall sustain irreparable loss. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender in the Court 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/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Gumla in connection with Basia P.S. Case No. 35 of 2022 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. Pappu/ (Pradeep Kumar Srivastava, J.)