IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 8905 of 2022

Naimun Bhagat

…… Petitioner

Versus

The State of Jharkhand

……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Gautam Kumar, Advocate

For the State

: Mrs. Ruby Pandey, A.P.P.

…..

Order No.03/ Dated:25.01.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Senha P.S. Case No. 64 of

2022 instituted under Sections 379 and 411 of the Indian Penal Code and

Section 4/54 of Jharkhand Minor Minerals and Concession Rule, 2004 &

Section 7/13 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 the tractor of the petitioner was seized

for illegal transportation of 70 cft. sand.

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 has one criminal

antecedent as mentioned in the case diary, being Senha P.S. Case No. 46

of 2000 in which petitioner has already been acquitted. Petitioner has no

other criminal antecedent. It is submitted that the alleged 70 cft. sand was

loaded on the tractor by the driver of the petitioner without any knowledge

of the petitioner. 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

S.D.J.M., Lohardaga in connection with Senha P.S. Case No. 64 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/