Jharkhand High Court
Srivastava Yadav vs The State Of Jharkhand ...... Opp. Party on 1 February, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A No.10305 of 2023
Srivastava Yadav
@ Srivastava Kumar Yadav ...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. K. S. Nanda, Advocate
For the State : Mr. S. P. Jha, A.P.P
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04/Dated: 01st February, 2024
1. Heard learned counsel for the applicant and learned counsel
for the State.
2. Apprehending his arrest, the applicant has approached this Court for grant of privilege of anticipatory bail, in connection with Borio (J) P.S. Case No.95 of 2023, registered for the offence under Sections 379/ 414/ 175 of the Indian Penal Code, Sections 4/ 54 of the Jharkhand minor Mineral Concession Rule, Sections 21(a)/ 21(6)/ 22 of the M.M.D.R Act and Rules 7/ 9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule.
3. Innocence of the applicant has been claimed and undertaking has been given for co-operating with the investigating agency and participation in trial. It has been submitted that this applicant is the owner of the tractor, which was loaded with sand. It has been submitted that similarly situated co-accused has already been granted the privilege of anticipatory bail by the Co-ordinate Bench of this Court. It has further been submitted that this applicant has no criminal antecedent. On the above basis, prayer for anticipatory bail has been made.
4. Learned A.P.P has opposed the prayer for anticipatory bail.
5. Considering the above fact, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the applicant is directed to surrender in the court below within four weeks from today and in the event of his arrest or surrender, the court below shall enlarge the applicant on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with Borio (J) P.S. Case No.95 of 2023, subject to the condition that one of the bailors will be the Pairvikar of this case and this applicant will report once in a month before the concerned police station, till the conclusion of trial and subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further, this applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.) Chandan/-