Biva Jha vs The State Of Jharkhand ... Opposite ... on 20 December, 2021

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Jharkhand High Court

Biva Jha vs The State Of Jharkhand ... Opposite ... on 20 December, 2021

Bench: Anil Kumar Choudhary

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         A.B. A. No. 9274 of 2021

                  Biva Jha                                  ...         Petitioner

                                              Versus

              The State of Jharkhand                   ...    Opposite Party



          Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

          For the Petitioner             : Mr. Amit Sinha ,Adv.
          For the State                  : Mr. P.K. Chatterjee, Spl. P.P.


02 / 20.12.2021

Heard the parties.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kandra P.S. Case No. 32 of 2013 registered under Sections 414 of the Indian Penal Code, Section 21, 4(4), 4(a), 5 of Jharkhand Mines & Minerals (Development and Regulation) Act 1957 read with Rules 3(2), 6, 8 and 9 of Jharkhand Minerals Dealers Rule, 2007.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal trading of coal without getting any dealer's license. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 26 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security of Rs. 2,00,000/- and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 20.12.2021 passed in ABA no. 9263 of 2021, hence, the petitioner be given the privilege of anticipatory bail.

The learned Spl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four months from the date of this order, the petitioner shall be released on bail on furnishing cash security of Rs. 2,00,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Seraikella in connection with Kandra P.S. Case No. 32 of 2013 subject to the condition that the petitioner will co-operate with theInvestigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C. (ANIL KUMAR CHOUDHARY, J.) Smita/-

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Jharkhand High Court