Jharkhand High Court
Niraj Kumar @ Arjun Kumar @ Neeraj Yadav vs The State Of Jharkhand ......Opposite ... on 14 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5037 of 2023
Niraj Kumar @ Arjun Kumar @ Neeraj Yadav ...... Petitioner
Versus
The State of Jharkhand ......Opposite party
----------
CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----
For the Petitioner : Mr. Pankaj Kumar Choudhary, Advocate
For the State : Mr. Abhay Kr. Tiwari, A.P.P.
.....
Order No.02/ Dated:14.07.2023
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Pathargama P.S. Case No. 62 of 2023, registered for the offence under Section 379, 411/34 of the Indian Penal Code and Rules 4/54 of the Jharkhand Minor Minerals Concessions Rules, 2004 (As amended) & Sections 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation & Storage) Act, 2017 pending in the court of learned S.D.J.M., Godda.
As per F.I.R, allegation is that vehicle bearing Reg. No. JH-04X-0239 was found loaded with illegal transportation of 900 cft. sand without E-Parivahan Challan.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. The petitioner is languishing in Judicial custody since 28.03.2023 without rhymes and reasons. It is submitted that petitioner is the driver of the vehicle. It is further submitted that owner of the vehicle, namely, Lobin Yadav has been granted anticipatory bail by this court in A.B.A. No.4867 of 2023 vide order dated 05.07.2023. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.
Regard being had to the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Godda in connection with Pathargama P.S. Case No. 62 of 2023 subject to the conditions:-
1. Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned trial court.
2. Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.
3. Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.
In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself.
(Pradeep Kumar Srivastava, J.) R.K.