Ramchandra Maharana v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioners : Mr. Lalit Yadav, Advocate For the State : Mr. Pankaj Kumar, A.P.P. Order No.02/ Dated:22.12.2022 ….. Heard learned counsel for the parties. Apprehending their arrest in connection with Pathargama P.S. Case No. 149 of 2022 instituted under Sections 379 & 411 of the Indian Penal Code and Section 4 & 54 of the Jharkhand Minor Minerals Concession Rules, 2004 (as amended) & Sections 9/13 of the Jharkhand Minerals (Prevention of illegal Mining, Transportation & Storage) Rules, 2017, the petitioners have moved this Court for grant of privilege of anticipatory bail. As per F.I.R., allegation is that 100 cft. sand was recovered from the vehicle of the petitioners. Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case.

It is submitted that petitioner no. 1 is the seized bearing chasis no. MAT505262H8P28860 and petitioner no. 2 is the driver. Petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake 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 petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. 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 petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Godda in connection with Pathargama P.S. Case No.

149 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.)