IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 254 of 2023

Arbind Kumar Mahato @ Arvind Kumar Mahato …… Petitioner

Versus

The State of Jharkhand

……Opposite party

----------

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----

For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate

For the State

: Mr. Prabir Kumar Chatterjee, Spl.P.P.

…..

Order No.02/ Dated:08.02.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Tiruldih P.S. Case No. 38

of 2022 instituted under Sections 379/ 414 of the Indian Penal Code,

Section 21 of MMDR Act, Rule 54 of Jharkhand Minor Minerals

Concession Rules, 2004 and Rule 9 of Jharkhand Minerals (Prevention of

Illegal Mining, Transportation and Storage) Rule, 2017, the petitioner has

moved to this Court for grant of privilege of anticipatory bail.

As per F.I.R, allegation is that two tractors were found loaded with

approximately 100 cft. sand were seized and upon demand they could not

produce valid documents.

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 owner of blue

coloured Sonalika Tractor having chasis no. DYASH9717-1353. It is

further submitted that seizure list does not contain signature of any

independent witness. 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 Spl.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 Sub

Divisional Judicial Magistrate, Chandil in connection with Tiruldih P.S.

Case No. 38 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.

(Pradeep Kumar Srivastava, J.)

R.K/