Advocates:
['RANDHIR KUMAR', '', 'PINKI KUMARI', 'PRABIR KUMAR CHATTERJEE alias PRABIR CHATTERJEE']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Criminal Miscellaneous Jurisdiction)

A.B.A. No. 3998 of 2022

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Sanjay Yadav

…… Petitioner

Versus

The State of Jharkhand

……Opposite Party

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner

: Mr. Randhir Kumar, Advocate

Mrs. Pinki Kumari, Advocate

For the State

: Mrs. Nehala Sharmin, APP

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02/Dated: 23/05/2022

Heard, learned counsel for the petitioner, Mr. Randhir Kumar assisted by

learned counsel, Mrs. Pinki Kumari and learned counsel for the State, Mrs.

Nehala Sharmin, APP.

Learned counsel for the petitioner has submitted that petitioner is

apprehending his arrest in connection with Balumath P.S. Case No.16 of 2022,

for the offence registered under Sections 379, 414 IPC, Section 30(ii) of Coal

Mines Act, Section 21 of Mines and Minerals (Development & Regulation)

Act, Section 13 of Jharkhand Minerals (Prevention oif Illegal Mining,

Transportation and Storage) Rules, 2017.

Learned counsel for the petitioner has submitted that petitioner is the driver

of one of the seized truck bearing registration No.JH-19C-8665, which was

found with 23 tones of coal.

Learned counsel for the petitioner has further submitted that owner of the

truck has already been granted anticipatory bail by co-ordinate Bench of this

Court on deposit of Rs.70,000/- vide order dated 24.03.2022 passed in A.B.A.

No.2087/2022, as such, petitioner who is driver and he was not involved in

loading the coal as he was not apprehended at the spot and petitioner has no

criminal antecedent, as such, petitioner may be enlarged on anticipatory bail.

Learned counsel for the State, Mrs. Nehala Sharmin, APP has opposed

the prayer for bail and has submitted that owner has been granted bail on

deposit Rs.70,000/-, as such, petitioner may also deposit the sum amount.

Be that as it may this Court has grant to anticipatory bail or reject

anticipatory bail this Court has no jurisdiction to pass any order for deposit the

amount , since the owner of the vehicle has already been granted anticipatory

bail and petitioner is driver was not found in this case, accordingly, petitioner

(Sanjay Yadav) is directed to surrender before the court below within four

-2-

weeks from the date of this order and in the event of his arrest or surrender, the

court below shall enlarge the above named petitioner 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 Chief Judicial Magistrate, Latehar in

connection with Balumath P.S. Case No.16 of 2022 subject to the conditions, as

laid down under Section 438(2) Cr.P.C and also on the following conditions:-

(i) One of the bailors shall be deponent/pairvikar of the present case namely,

Ravi Turi, S/o Sukra Turi, R/o Village- Kali Dumaro, P.O.- Nindra, P.S.

Chandwa, District- Letehar, who has furnished photocopy of his UID Card

before this Court in the bail application.

Office is directed to send photo copy of the UID Card of deponent along

with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be father/mother/son/sister/brother/wife.

Accordingly, the instant anticipatory bail application is hereby allowed.

(Kailash Prasad Deo, J.)

R.S.