Jharkhand High Court
Raju Oraon vs The State Of Jharkhand -- --- Opp. Party on 4 December, 2020
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5931 of 2020
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Raju Oraon --- --- Petitioner
Versus
The State of Jharkhand -- --- Opp. Party
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh Through Video Conferencing
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For the Petitioner : Mr. Rajesh Kr. Singh, Adv.
For the State : Mr. P.K. Chatterjee, Spl. P.P.
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02/04.12.2020 Heard learned counsel for the petitioner Mr. Rajesh Kr. Singh
and learned Spl. P.P. Mr. P.K. Chatterjee.
Petitioner seeks anticipatory bail in terms of 438 of the Cr.P.C. in connection with Sisai P.S. Case No.86/2020 instituted under Sections 379/411 of the Indian Penal Code, Section 4/54 of Jharkhand Mines Minerals Concession Rule 2004 and Section 7/13 of Jharkhand Minerals (Prevention of Jharkhand Illegal Mining Transportation and Storage) Rules 2017 pending in the court of learned Chief Judicial Magistrate, Gumla.
Learned counsel for the petitioner submits that as per the F.I.R. instituted by the Mining Inspector, Gumla, about 100 cft sand was seized from five tractors illegally being transported from Paras river situate at Bastoli. The drivers of the vehicles had fled away. Petitioner contends that he is the driver of the vehicle bearing registration no.JH 01 AS 7182 who has been made an accused in this case only on the ground that he was the driver of the said vehicle, but neither was he apprehended nor has he got any concern with the alleged transportation of sand. He has got no criminal antecedent. Learned counsel for the petitioner submits that in similar circumstances another driver namely Mafooz Ansari of tractor bearing registration no.JH 07G 5187 also allegedly involved in the instant case, has been granted anticipatory bail on a condition of deposit of Rs.5000/- as cash security by a Coordinate Bench of this Court in A.B.A. No.5799/2020 dated 11th November 2020. Therefore, petitioner may be granted anticipatory bail.
Learned Spl. P.P. has opposed the prayer.
Having considered the aforesaid facts and circumstances and the submissions of learned counsel for the parties and since the co-accused driver of another tractor involved in the same offence has been granted anticipatory bail by a Coordinate Bench of this Court and that there is no criminal -2- antecedent against this petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within in a period of 4 weeks, shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla in connection with Sisai P.S. Case No. 86 of 2020, subject to the conditions laid down u/s 438(2) Cr.P.C. with further condition that the petitioner shall cooperate in the investigation and deposit cash security of Rs.5,000/- before the learned trial court. The petitioner and the bailors shall not change their addresses and their mobile numbers without permission of the learned trial court during pendency of this case.
(Aparesh Kumar Singh, J.) Shamim/