Jharkhand High Court
Shiv Shankar Yadav @ Shiv Shankar vs The State Of Jharkhand .... .... .... ... on 28 September, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7199 of 2021
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1. Shiv Shankar Yadav @ Shiv Shankar
2. Rajesh Kumar Mehta
3. Premchand Sao
4. Santosh Kumar .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Yogesh Modi, Advocate
For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P
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Order No.02 Dated- 28.09.2021
Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending their arrest in connection with Saria P.S. Case No.74 of 2021 instituted under Section 414, 34 of the Indian Penal Code, Section 21/21 (1) of MMDR Act, Section 54 of JMMC Rule, Section 13 of Jharkhand Mines & Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules and Section 33 of the Indian Forest Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner No.1 is the owner-cum-driver of dumper bearing registration No. JH12G 9938, petitioner No.2 is the owner of dumper bearing registration No. JH10AM 7214, petitioner No.3 is the owner of dumper bearing registration No. WB37D 0696 and petitioner No.4 is the owner of dumper bearing registration Nos. JH11P 5124 and JH10AM 7214 and the said dumpers were seized by police while being involved in illegal transportation of boulders. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-08 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners are ready and willing to co- operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M., Giridih within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/-(Rupees twenty thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Giridih in connection with Saria P.S. Case No.74 of 2021 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.
(Anil Kumar Choudhary, J.) Animesh/