IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 8920 of 2022

Arun Saw

…… Petitioner

Versus

The State of Jharkhand

……Opposite party

----------

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----

For the Petitioner : Mr. Dilip Kr. Jaiswal, Advocate

For the State

: Mr. Kumari Rashmi, A.P.P.

…..

Order No.05/ Dated:25.01.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Nimiaghat P.S. Case No. 19

of 2021 instituted under Sections 414/34 of the Indian Penal Code,

Section 30(ii) of Coal Mines Act and 33 of the Indian Forest Act, the

petitioner has moved to this Court for grant of privilege of anticipatory

bail.

As per F.I.R, there is an allegation against 12 named persons including

the petitioner for illegal excavation of coal and tractors loaded with coal

were seized.

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 earlier petitioner was involved

in similar cases but he has been acquitted after facing trial but at present

there is no criminal antecedent against the petitioner. Petitioner’s name

has been disclosed by the co-accused and nothing has been recovered

from his possession. 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.

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 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 Judicial

Magistrate, 1^st Class, Giridih in connection with Nimiaghat P.S. Case No.

19 of 2021 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.

(Pradeep Kumar Srivastava, J.)

R.K/