Jharkhand High Court
Subhash Yadav @ Subash Yadav vs The State Of Jharkhand. .. ... ...Opp. ... on 27 September, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 7337 of 2022
1.Subhash Yadav @ Subash Yadav
2.Bittu @ Abhishek Yadav
3.Pawan Yadav @ Pawan Kumar Yadav
4.Ram Kailash Mirdha
5.Chutesh @ Bhutesh Hazari @ Deepak Hazari
. .... .. ... Petitioner(s)
Versus
The State of Jharkhand. .. ... ...Opp. Party(s)
...........
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........
For the Petitioners : Mr. Purnendu Sharan, Advocate For the State : Mr. Fahad Alam, APP ......
02/ 27.09.2022. Apprehending their arrest, petitioners above-named have moved this Court for grant of anticipatory bail in connection with Poraiyahat P.S. Case No.98 of 2021 registered for the offence under Sections 147 / 149/ 341 / 323/ 332/ 353/ 379/ 504/ 506 of the Indian Penal Code and under Rules 4/ 54 of Jharkhand Minor Minerals Concessions Rules, 2004 (as amended), under Section 4(A) of the MMDR Act, 1957 and Rules 9 /13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Act, 2017.
Heard the parties.
It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners are innocent and have committed no offence as they are not named in the FIR and their names got transpired on the basis of statement made by the local villagers, but the source of information has not been disclosed.
It is further submitted that neither owner of tractor nor registration number has been disclosed in the FIR.
Learned APP for the State has opposed the prayer. It is submitted that one tractor was seized by the Police party for carrying sand illegally without any valid paper. It is further submitted that there is direct and specific allegation that the driver informed the owner of the vehicle and thereafter the named accused persons/ petitioners arrived and attacked the police party, the informant received injuries and thereafter got the vehicle released from the Police by force.
Considering the gravity of offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail is hereby rejected. Petitioners are directed to surrender before the Court below within two weeks.
(Gautam Kumar Choudhary, J.) Sandeep/