Birbal Yadav v. The State of Jharkhand

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ ----- For Petitioner : M/s. Lalit Yadav, Advocate For the State : M/s. Pankaj Kumar, A.P.P --- 05/24.11.2022 Heard the Parties. Petitioner is apprehending his arrest in connection with Ranga P.S. Case No. 79/2022, registered under Sections 175/ 379 of the Indian Penal Code, Sections 21/ 21(6) of M.M.D.R. Act, Rule 04/54 of the J.M.M.C. Rules, 2004 and Rules 07/09 of the Jharkhand Minerals (Prevention of Illegal Mining) Transportation and Storage Rules 2017, pending in the Court of learned A.C.J.M., Rajmahal. It appears that on 26.08.2022, District Mining Officer Sahibganj seized five trucks loaded with illegal stone chips. Petitioner happens to be the driver of the truck bearing registration number JH-04-X-4380 from which 850 CFT of stone chips were recovered. Learned lawyer appearing for the petitioner submitted that the occurrence has taken place on 26.08.2022 but the seizure list was prepared on 29.08.2022. It was further submitted that there is joint seizure list with regard to the seizure of five trucks and as such the entire seizure process has come into question. Regard being had to the facts and circumstance of the case, I am inclined to extend the privilege of Anticipatory Bail to the petitioner. He is directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rajmahal in connection with Ranga P.S. Case No. 79/2022, Subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ambuj Nath, J.) Saurabh