Jharkhand High Court
Bibek Kumar Singh @ Bibek Kunr Singh vs The State Of Jharkhand ......Opposite ... on 11 November, 2022
THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7298 of 2022
1. Bibek Kumar Singh @ Bibek Kunr Singh
2. Md. Samshad ...... Petitioners
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. Raja Ravi Shekhar Singh, Advocate For the State : Mr. Vishwanath Ray, Spl.P.P. .....
Order No.05/ Dated:11.11.2022 Heard learned counsel for the parties.
Apprehending their arrest in connection with Mirzachouki P.S. Case No. 41 of 2020 instituted under Sections 379/ 414/ 467/ 468/ 471 of the Indian Penal Code, 1860 and under Section 54 of the Jharkhand Minor Mineral Concession Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per F.I.R, allegation is that on a surprise inspection at Mirzachouki in the checkpost where several mining challans were found to be forged.
Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that petitioner no. 1 is the owner of the truck bearing registration no. BR 10GB 2561 and petitioner no. 2 is the driver of the said truck. It is further submitted that other co- accused, namely, Yogesh Sah in A.B.A. No. 509 of 2021 vide order dated 05.03.2021; Prabhash Kumar, Dhaneshwar Bhagat, Sunil Gupta, Rameshwar Kumar in A.B.A. No. 880 of 2021 vide order dated 18.03.2021 have been granted anticipatory bail by the Co-ordinate Bench of this Court. It is lastly submitted that the petitioners undertake 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 petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
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 petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sahibganj in connection with Mirzachouki P.S. Case No. 41 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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