IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 3602 of 2022

-----

1. Md. Istiyak Ali @ Istiyak Ali

2. Md. Sahid Raza @ Md. Shahid Raza

… ….

Petitioners

Versus

The State of Jharkhand

… ….

Opp. Party

-----

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

-----

For the Petitioners

: Mr. Santosh Kumar, Advocate

For the State

: Mr. Suraj Verma, A.P.P.

-----

Oral Order

03 / Dated : 27.07.2022

Apprehending their arrest, petitioners- Md. Istiyak Ali @ Istiyak Ali and Md.

Sahid Raza @ Md. Shahid Raza have moved this Court for grant of privilege of

anticipatory bail in connection with Jaridih P.S. Case No.40 of 2022 (G.R.

No.216 of 2022) registered under Sections 414, 34 of the I.P.C. and Section 21

of MMDR Act.

Heard the parties.

As per the prosecution case, five tractors along with trolleys each loaded

with 100 cft sand after illegal mining, were seized.

It is submitted by the learned counsel that the petitioners have not committed

the alleged offence and have no concern with illegal mining of sand. It is further

submitted that the petitioners are not named in the F.I.R. and the petitioner are

the owner driver of the seized vehicle. The petitioners have got no criminal

antecedent.

The Addl. P.P. opposed the prayer for bail.

Considering the submissions of learned counsel and the fact as discussed

above, the anticipatory bail application is allowed. Hence, in the event of their

arrest or surrender within a period of two weeks from the date of this order, the

petitioners named above shall be released on bail on furnishing bail bond of

Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like

amount each to the satisfaction of learned Court below, subject to the conditions

laid down under section 438 (2) Cr. P.C.

The petitioners will cooperate in the investigation and will appear on notice

under Section 41A of Cr. P.C. and comply with the condition as laid down under

Section 438(2) of the Cr. P.C.

(Gautam Kumar Choudhary, J.)

AKT