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Jharkhand High Court

Angesh Singh vs The State Of Jharkhand on 1 July, 2017

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B. A. No. 3821 of 2017

                   Angesh Singh                                ...     ... Petitioner
                                     Versus
                   The State of Jharkhand                 ...     ... Opposite Party
                                              ------

            CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
               For the Petitioner: Mr. Diwakar Jha, Advocate
               For the State            : Addl. P.P.
                                              ------

2/01.07.2017

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Rajrappa P.S. Case No. 56 of 2017 (G.R. No. 437 of 2017) registered under Section 414 of the Indian Penal Code, Section 30(ii) of the Coal Mines Act and Section 33 of the Indian Forest Act.

Heard the parties.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he indulges in extracting the steam coal illegally. It is submitted that the petitioner is the lawful owner of the brick kiln and he has purchased the coal under valid permit and after consumption of some of the coal in the brick kiln, the remaining coal was lying in the premises, which was seized by the police. Hence, this case has been instituted falsely to implicate the petitioner in the alleged offence and therefore, the petitioner be given the privilege of anticipatory bail.

However, learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsel and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be admitted to anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 4,000/- as cash security and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Ramgarh in connection with Rajrappa P.S. Case No. 56 of 2017 (G.R. No. 437 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) AKT