Jharkhand High Court
Rabindra Vishwakarma vs The State Of Jharkhand .... .... ... on 22 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.5541 of 2022
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Rabindra Vishwakarma .... .... .... 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. Vishnu Prabhakar Pathak, Advocate For the State : Mrs. Nehala Sharmin, Addl.P.P
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Order No.05 Dated- 22.09.2022 Heard learned counsel for the parties.
Apprehending his arrest in connection with Patan P.S. Case No. 06 of 2022 instituted under Sections 379/414 of the Indian Penal Code, Section 21 of Mines and Minerals (Development & Regulation) Act, Section 54 of JMMC Rules, 2004 and Rule 13(1) of JM(PIMTS) Rule, 2017, the petitioner has moved this Court for grant of privilege of anticipatory bail.
It is alleged that on 04.02.2022, a raid was conducted by the informant and found that a brick kiln is being operated by someone and manufacturing bricks with mark "JKV". After inquiry, it was found that petitioner is operating the brick kiln without valid document.
Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of petitioner and he has no concern with the brick kiln and he was never indulged in any business of brick kiln. Petitioner is simply a farmer and he has been implicated in this case due to ulterior motive. Petitioner undertakes to co-operate with the investigation of the case. Hence, 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 against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, petitioner shall be enlarged on bail on depositing Rs.25,000/-(Rupees twenty five thousand) as security in the court below without prejudice to his defence in this case and subject to result of trial and on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Palamau in connection with Patan P.S. Case No. 06 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.) Pappu/